Court may confirm or modify master’s report or appoint new master; conclusive judgment.
1. The court may confirm, change, modify or set aside the report, and, if necessary, appoint a new master.
2. Upon the report being confirmed, or upon partition by the court, the court shall enter a judgment of partition. The judgment is binding and conclusive:
(a) 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 the property, or of 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 as tenants for years or for life;
(b) On all persons interested in the property who may be unknown, to whom notice has been given of the action for partition by publication; and
(c) On all other persons claiming from any such parties or persons.
3. No judgment is invalidated by reason of the death of any party, after filing of the report of the master and before final judgment or decree. The judgment or decree is as conclusive against the heirs, legal representatives or assigns of the decedent as if it had been entered before his death.
Last modified: February 27, 2006