Delaware Code (Titles 8, 9, 25, 30)
25 Del. C. § 722
Service of summons
# (a)
If a party, named in the summons for partition cannot be found in the county, to be served personally, service may be made by leaving a copy of the summons at the usual place of abode of such party within the county at least 6 days before the return day thereof in the presence of an adult person, or, if such party has no known place of abode within the county and cannot be served personally, and such party’s appearance is not duly entered at the return of the summons, the Court shall make such further order for service of the summons as seems proper to it.
# (b)
In case it appears to the Court by the petition and affidavit or other proof at the hearing of the petition, that any persons interested in the proceedings other than the petitioners are nonresidents of the State and cannot be served personally with a summons in partition, an order may be made for the appearance of the nonresidents at a day to be fixed by the Court in order. The day fixed shall not be less than 2 weeks after the date of the order. The order shall likewise prescribe the manner of serving notice thereof on the nonresidents.
Amendment history
33 Del. Laws, c. 213; 84 Del. Laws, c. 42, § 89
Source: view the official text
In this title (40 sections)
- 25-310 · Release of rights of curtesy or dower
- 25-311 · Conveyance of real estate to create either joint tenancy with…
- 25-312 · Acquisition and conveyance of title to real estate by persons…
- 25-313 · Contract for sale of unimproved real estate; notice to buyer…
- 25-314 · Contract requirements for the sale of real estate involving…
- 25-315 · Contracts for sale of agricultural lands
- 25-316 · Display of flags
- 25-317 · Restriction on fee collection for community amenities by…
- 25-317A · Required disclosure of financial obligations in chain of…
- 25-318 · Restrictive covenants
- 25-319 · Private transfer fee prohibition
- 25-501 · Powers of appointment; effect of rule against perpetuities
- 25-502 · Release of powers of appointment [For application of this…
- 25-503 · Rule against perpetuities
- 25-504 · Certain powers of appointment
- 25-505 · Exercise of powers of appointment
- 25-506 · Rule against accumulations
- 25-701 · Creation of estate in joint tenancy; exception
- 25-702 · Actions for use and occupation between cotenants
- 25-721 · Petition for partition; persons entitled to apply
- 25-722 · Service of summons
- 25-723 · Unknown or uncertain parties in interest; description in…
- 25-724 · Decree of partition; appointment and duties of commissioners
- 25-725 · Appointment of a new commission
- 25-726 · Final decree of partition
- 25-727 · Proportionment of shares among issue claiming by stocks
- 25-728 · Procedure upon petition by all interested parties
- 25-729 · Appointment of trustee for public sale of premises; conveyance…
- 25-730 · Allotment of primary interests
- 25-731 · Deed upon death of purchaser
- 25-732 · Title upon sale; transfer of liens to proceeds
- 25-733 · Investment or division of sale proceeds
- 25-734 · Sales upon credit; purchase money security; preference of…
- 25-735 · Costs
- 25-736 · Dower, curtesy or other estate in undivided shares of parties…
- 25-737 · Procedure where dower, curtesy or life estate exists
- 25-738 · Advancements; treatment upon partition
- 25-739 · Assignment of dower without embracing residue
- 25-740 · Election to take dower from proceeds of sale; investment or…
- 25-741 · Appointment of trustee for joint owner’s widow with a mental…