The defendants may be served in the same manner as in ordinary civil action by summons, or by publication as provided in this code, and when all the parties in interest have been duly served, any of the proceedings herein prescribed shall be binding and conclusive upon them all. If only a portion of such parties be served, they only shall be bound by such proceedings.

Source:R.S.1867, Code § 839, p. 541; Laws 1899, c. 89, § 2, p. 345; R.S.1913, § 8322; C.S.1922, § 9274; C.S.1929, § 20-21,106; R.S.1943, § 25-21,106.

Annotations

A judgment in a partition action determining the title of land subject to partition is conclusive on parties to the action. Bender v. Fuchs, 179 Neb. 162, 137 N.W.2d 364 (1965).

Bona fide purchaser was protected by confirmation, even though one defendant was insane, another defendant weak-minded, and no guardian ad litem was appointed for either. Schleuning v. Tatro, 122 Neb. 3, 238 N.W. 741 (1931).

Minor heirs are bound by judgment in partition involving homestead of surviving parent, if properly served, and guardian ad litem appointed and answers. Weddle v. Specht, 97 Neb. 693, 151 N.W. 160 (1915).

Parties are bound by judgment fixing shares. Staats v. Wilson, 76 Neb. 204, 107 N.W. 230 (1906).