It is provided by statute that when any person holds real estate contrary to the provisions of any executory contract for the purchase thereof, the person entitled to possession may make complaint in writing under oath and deliver same to the circuit court commissioner or justice of the peace, which complaint shall set forth that the person complained of is in the possession of lands or tenants in question, describing them, and that such person holds the same unlawfully and against the rights of the plaintiff.58 Upon receiving such complaint, the officer to whom the same is delivered shall issue a summons directed to the sheriff or to any constable of the same county, commanding him to summon the defendant to appear before such officer at a time and place therein to be specified, not less than three nor not more than six days from the issuing thereof, to answer to such complaint. The officer is required to serve said summons on the defendant at least two days before the time of the appearance mentioned therein, but if he is unable to find such defendant then service may be made by leaving a copy at the usual place of abode of such defendant in the presence of some person of suitable age who shall be informed of its contents.