70-29-104. Who must be parties -- permissible plaintiffs.
70-29-104. Who must be parties -- permissible plaintiffs. (1) The following must be parties to an action for partition:
(a) every person having an undivided share, in possession or otherwise, in the property as tenant in fee, for life, or for years;
(b) every person entitled to the reversion, remainder, or inheritance of an undivided share, after the determination of a particular estate therein;
(c) every person who by any contingency contained in a devise or grant or otherwise is or may become entitled to a beneficial interest in an undivided share thereof;
(d) every person having an inchoate right of dower in an undivided share in the property; and
(e) every person having a right of dower in the property or any part thereof which has not been admeasured.
(2) But no person other than a joint tenant or a tenant in common of the property shall be a plaintiff in the action.
History: En. Sec. 1342, C. Civ. Proc. 1895; re-en. Sec. 6885, Rev. C. 1907; re-en. Sec. 9518, R.C.M. 1921; re-en. Sec. 9518, R.C.M. 1935; R.C.M. 1947, 93-6303.