The remedy of specific performance may be invoked even though the defendant is non-resident of the state and beyond the jurisdiction of the court. Our statute provides a method of substituted service and the courts have held that this method of service is sufficient to support a decree of specific performance in such cases as the defendant does not come into court. The decree may be recorded and will stand as a conveyance of the property involved.13

10. Solomon v. Shewitz, Supra.

11. Solomon v. Shewitz, Supra; Dailey v. Litchfield, 10 Mich. 20.

12. Brewer v. Dodge, 28 Mich. 359.

13. See Pomeroy's Equity Jur., Sec. 1436.

Specific Performance-Service By Publication

Boswell's Lessee v. Otis, 9 How. 336. A bill for the specific performance of a land contract was filed In Ohio concerning land in Ohio but the defendant lived in Kentucky and service was had on him by publication as provided in the Ohio Statutes.

The court held that a state can provide by statute for service by publication in such cases. That jurisdiction is acquired in one of two ways, first as against the person of the defendant by the service of process; or secondly by procedure against the property of the defendant within the jurisdiction of the court. In the latter case the defendant is not personally bound by a judgment beyond the property in question; it is immaterial whether the proceeding against the property be an attachment or a bill in chancery. It must be substantially a proceeding in rem; a bill for the specific performance of a land contract is not strictly a proceeding in rem, but where such a proceeding is authorized by a statute on publication it is essentially a proceeding of that character.

Felch v. Hooper, 119 Mass. 52. Bill for the specific performance of a land contract filed; defednant resided outside of the state but personal service was had upon him. Defendant claimed court had no jurisdiction.