§ 928 — Effect of judgment after actual partition

§ 928. Effect of judgment after actual partition. A final judgment\nafter actual partition is binding and conclusive upon the following\npersons, except parties and persons claiming under them whose rights and\ninterests are expressly left unaffected:\n 1. The plaintiff; each defendant upon whom the summons was served,\neither personally or without the state or by publication; and his legal\nrepresentatives.\n 2. Each person claiming from, through or under such a party, by title\naccruing after the filing of the judgment-roll, or after the filing in\nthe proper county clerk's office of a notice of the pendency of the\naction.\n 3. Each person not in being when the interlocutory judgment is\nrendered who, by the happening of any contingency becomes afterwards\nentitled to a beneficial interest attaching to, or an estate or interest\nin, a portion of the property, the person first entitled to which, or\nother virtual representative whereof, was a party specified in the first\nsubdivision of this section.\n