141.040. Duty of collector to enforce payment of back taxes--suit commenced--summons--publication--default judgment (first class counties). - Missouri Statutes

Duty of collector to enforce payment of back taxes--suitcommenced--summons--publication--default judgment (first classcounties).

141.040. If, on the first day of January of any year, any ofsaid lands or town lots contained in said back tax book orrecorded list of delinquent land or lots in the collector'soffice remain unredeemed, it shall be the duty of the collectorto proceed to enforce the payment of the taxes charged againstsuch tract or lot, by suit in a court of competent jurisdictionin the county where the real estate is situated, which said courtshall have jurisdiction, without regard to the amount sued on, toenforce the lien of the state or such counties, and it shall bethe duty of the collector, when suit shall have been commencedagainst any tract of land or town lot on said back tax book, tonote opposite said tract or lot such fact, also against whom suithas been commenced; and in cases where suit is brought for theenforcement of liens as above, where summons shall have beenissued against any defendant, and the officer to whom it isdirected shall make his return that the defendant cannot befound, the court before whom the suit is pending, being firstsatisfied that the summons cannot be served, shall make an orderdirecting that notice of such action be given to such defendantby publication; and in all cases where it shall be alleged in thepetition, or in an affidavit subsequently filed with the clerk,that the defendants, or any one of them is a nonresident of thestate of Missouri, so that the ordinary process of law cannot beserved upon them, then such order may be made, and such notice bypublication given by the clerk of the court in vacation, andwhich notice shall be published in like manner and with the sameeffect as when ordered by the court; the proof of publication ofthe order required by this section may be made by the affidavitof the publisher of the newspaper in which the order waspublished, or by the affidavit of any person who would be acompetent witness in said cause, filed with the court; and if thedefendant or defendants fail to appear at the time and placerequired by said order and defend said cause of action, judgmentby default may be rendered as prayed, which judgment shall be asbinding and effectual against the property on which the lien issought to be enforced as if there had been personal service onthe defendant.

(RSMo 1939 § 11387, A.L. 1945 p. 1946 § 11379)