TITLE 6

ACTIONS IN PARTICULAR CASES

CHAPTER 5

PARTITION OF REAL ESTATE

6-515.  Report of referees — Confirmation — Judgment. The court may confirm, change, modify or set aside the report, and if necessary appoint new referees. Upon the report being confirmed, judgment must be rendered that such partition be effectual forever, which judgment is binding and conclusive:

1.  On all persons named as parties to the action, and their legal representatives, who have at the time any interest in the property divided, or any part thereof, as owners in fee or as tenants for life or for years, or as entitled to the reversion, remainder, or the inheritance of such property, or of any part thereof, after the determination of a particular estate therein, and who by any contingency may be entitled to a beneficial interest in the property, or who have an interest in any undivided share thereof, as tenants for years or for life.

2.  On all persons interested in the property, who may be unknown, to whom notice has been given of the action for partition by publication.

3.  On all other persons claiming from such parties or persons or either of them. And no judgment is invalidated by reason of the death of any party before final judgment or decree; but such judgment or decree is as conclusive against the heirs, legal representatives or assigns of such decedent as if it had been entered before his death.

History:

[(6-515) C.C.P. 1881, sec. 501; R.S., R.C., & C.L., sec. 4574; C.S., sec. 6990; I.C.A., sec. 9-515.]