Section 21 Substituted and Constructive Service

• Library: Real Estate Fundamentals 2011

Frequently, known claimants cannot be found in Missouri to be served by process, and the names of others are unknown, which requires service by publication. In this instance, service can be in the alternative, i.e., personal service on the defendants, if they are living, and service by publication on their unknown heirs, devisees, and spouses, if they are deceased. Fleming v. Tatum,135 S.W. 61, 63–64 (Mo. 1911).

Rule 54.12(c), pertaining to service by publication, provides that a party desiring service by publication must...