Statutes > New Mexico Statutes > Chapter 42 - Actions and Proceedings Relating to Property. > Article 5 - Partition, 42-5-1 through 42-5-9. > Section 42-5-9 - Death of party does not abate suit.

Section 42-5-9 - Death of party does not abate suit.

42-5-9. [Death of party does not abate suit.]

No suit for a partition shall abate by the death of any tenant, but upon the death of any tenant being a party to said suit, the heirs or devisees of the said tenant may on motion be made parties in his stead.