70-29-212. Judgment upon confirmation of report -- effect.
70-29-212. Judgment upon confirmation of report -- effect. (1) The court may confirm, change, modify, or set aside the report and if necessary appoint new referees.
(2) Upon the report being confirmed, judgment must be rendered that the partition is effectual forever. The judgment is binding and conclusive on all:
(a) 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 of the property, as owners in fee or as tenants for life or for years or as entitled to the reversion, remainder, or the inheritance of the property or any part of the property after the determination of a particular estate in the property, and who by any contingency may be entitled to a beneficial interest in the property or who have an interest in any undivided share of the property as tenants for years or for life;
(b) persons interested in the property, who may be unknown, to whom notice has been given of the action for partition by publication; and
(c) other persons claiming from the parties or persons or either of them.
(3) A judgment is not invalidated by reason of the death of any party before final judgment or decree, but the judgment or decree is as conclusive against the heirs, legal representatives, or assigns of the decedent as if it had been entered before the decedent's death.
History: En. Sec. 506, p. 143, Bannack Stat.; amd. Sec. 278, p. 192, L. 1867; re-en. Sec. 327, p. 100, Cod. Stat. 1871; amd. Sec. 378, p. 143, L. 1877; re-en. Sec. 378, 1st Div. Rev. Stat. 1879; re-en. Sec. 391, 1st Div. Comp. Stat. 1887; en. Sec. 1361, C. Civ. Proc. 1895; re-en. Sec. 6904, Rev. C. 1907; re-en. Sec. 9537, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 766; re-en. Sec. 9537, R.C.M. 1935; R.C.M. 1947, 93-6322; amd. Sec. 2220, Ch. 56, L. 2009.