If the defendant does not appear to answer the partition action, the cause shall be continued or delayed until his or her return, provided the defendant on or before the expiration of three (3) months from the time when the proceeding shall have been commenced, at which time, if the defendant does not appear to answer the action, the court shall appoint some discreet and disinterested person as agent of the defendant, who shall defend the action, and in case judgment is rendered for partition, shall attend to the partition to be made and take care of the interest of the person for whom he or she has been appointed agent as aforesaid.
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