(735 ILCS 5/2-413) (from Ch. 110, par. 2-413)
Sec. 2-413.
Unknown parties.
If in any action there are persons interested therein whose names are
unknown, it shall be lawful to make them parties to the action by the
name and description of unknown owners, or unknown heirs or legatees of
any deceased person, who may have been interested in the subject matter
of the action previous to his or her death; but an affidavit shall be
filed by the party desiring to make those persons parties stating that
their names are unknown. Process may then issue and publication may be
had against those persons by the name and description so given, and
judgments entered in respect to them shall be of the same effect as
though they had been designated by their proper names. If there has been
a person who may have been interested in the action, and upon diligent
inquiry it cannot be ascertained whether the person is living or dead,
it shall be lawful to make those persons who would be his or her heirs and
legatees parties defendant as unknown owners, the same
as if he or she were
known to be dead, but in all those cases an affidavit shall be filed by
the party desiring to make any unknown persons who would be the heirs or
legatees of the person not known to be living or dead parties, stating
that upon due and diligent inquiry it cannot be ascertained whether or
not the person is living or dead and further stating that the names of
the persons who would be his or her heirs or legatees are
unknown. Process may
then issue and publication may be had against all parties by the name
and description of unknown owners, and judgments entered in respect to
the unknown parties shall be of the same effect as though they had been
designated by their proper names. Only one affidavit is necessary under
the provisions of this section for the purpose of making persons
described herein parties to the action.
(Source: P.A. 83-707.)
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