Section 13 Unborn or Unknown Defendants

• Library: Real Estate Fundamentals 2011

Rule 54.12 provides for publication of notice to unborn or unknown defendants.

When defendants in a suit include unborn remainder holders of a contingent class, they can be brought in by virtual representation upon making the living members of the class parties to the suit and alleging that they are joined to represent their own interests and the interests of all members of the class that may be born in the future. Jackson v. Miller,232 S.W. 104, 105 (Mo. 1921); White v. Campbell,292 S.W. 51 (Mo. 1927)...