Section 5309.15 | Publication of notice of filing and substance of application.
After the investigation authorized by section 5309.14 of the Revised Code, if, in the opinion of the examiner of titles, the applicant has a good title as alleged, and proper for registration, or if the applicant after an adverse opinion of the examiner elects to proceed further, the clerk of the probate court or the clerk of the court of common pleas shall, upon the filing of the examiner's report or the applicant's election, cause notice of the filing, substance, and prayer of the application to be published once a week for three consecutive weeks in a newspaper, which may be designated by the applicant, published and of general circulation in each county where any portion of the land lies, or if no newspaper is published in any of such counties, then in a newspaper so designated, published, and of general circulation in an adjoining county. The expense of such publication shall be paid by the applicant and taxed as costs in the case. The notice shall be issued by order of the court, attested by the clerk, and shall be in form substantially as follows:
"________________ Court of __________ County, Ohio.
A. B.,
plaintiff,
vs. APPLICATION TO REGISTER TITLE TO LAND.
C. D. et al,
defendants
To (here insert the names, residences, and addresses of all the defendants so far as known), and to all persons having any interest in or lien or charge upon the lands or any part thereof described herein. You are hereby notified that an application has been filed in said court by _________________ to settle, determine, and remove all clouds from and register such person's (or such persons') title in and to, and to settle, determine, and register all lesser or other estates and interests in, and all liens and charges upon, the following described land (insert description).
You are hereby required to answer said application on or before the _______ day of ________, __________ and show cause, if any you have, why the prayer of said application should not be granted. And unless you appear at said court on or before the time aforesaid and make answer or other plea to said application, your default will be recorded, the said application will be taken as confessed, and you will be forever barred from contesting said application or any decree entered thereon.
WITNESS ___________________ Judge of said Court, this ________ day of _______, _____
Attest:"
The form of said notice in cases mentioned in section 5309.66 of the Revised Code may be varied as the facts require.
Available Versions of this Section
- May 9, 2000 – House Bill 495 - 123rd General Assembly [ View May 9, 2000 Version ]