§ 21-45-23 Judgment of partition--Persons bound by judgment.

SD Codified L § 21-45-23 (2019) (N/A)

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21-45-23. Judgment of partition--Persons bound by judgment. 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 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 in the action for partition by publication;

(3) On all other persons claiming from such parties or persons, or either of them.Source: CCivP 1877, § 562; CL 1887, § 5376; RCCivP 1903, § 601; RC 1919, § 2812; SDC 1939 & Supp 1960, § 37.1416.

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§ 21-45-24 Costs apportioned among parties by judgment--Lien and execution against property--Expense of litigation between some of parties.