No suit for a partition shall abate by the death of any tenant, but upon the death of any tenant being a party to said suit, the heirs or devisees of the said tenant may on motion be made parties in his stead.
History: C.L. 1897, § 2685 (272A), added by Laws 1907, ch. 107, § 1 (272A); Code 1915, § 4386; C.S. 1929, § 105-1908; 1941 Comp., § 25-1208; 1953 Comp., § 22-13-8.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For actions not abating, see 37-2-4 NMSA 1978.
For rule for substitution of parties because of death, see Rule 1-025 A NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 59A Am. Jur. 2d Partition §§ 32, 74.
68 C.J.S. Partition §§ 33, 53.