TITLE 70. PROPERTY

CHAPTER 29. PARTITION OF REAL PROPERTY

Part 1. Preliminary Procedure

Who May Be Joined As Defendants

70-29-105. Who may be joined as defendants. (1) The plaintiff may make a tenant in dower, for life or for years, of the entire property or a creditor or other person having a lien or interest that attaches to the entire property a defendant in the action. In that case the final judgment may either award to a party the party's entire right and interest or the proceeds of the right or interest or may reserve and leave unaffected the party's right or interest or any portion of the right or interest.

(2) A person specified in this section who is not made a party is not affected by the judgment in the action.

History: En. Sec. 1343, C. Civ. Proc. 1895; re-en. Sec. 6886, Rev. C. 1907; re-en. Sec. 9519, R.C.M. 1921; re-en. Sec. 9519, R.C.M. 1935; R.C.M. 1947, 93-6304; amd. Sec. 2215, Ch. 56, L. 2009.