Persons Bound by Decree

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The partition thus made is conclusive:

  1. On all parties named in the proceedings who have at the time any interest in the premises divided, as owners in fee or as tenants for years or as entitled to the reversion, remainder, or inheritance of such premises after the termination of any particular estate therein; or who by any contingency in any will, conveyance, or otherwise, may be or may become entitled to any beneficial interest in the premises; or who shall have any interest in any individual share of the premises, as tenants for years or for life;
  2. On all persons interested in the premises who are unknown, to whom notice has been given by publication, as hereinbefore directed;
  3. On all persons claiming from such parties or persons, or either of them.

Code 1858, § 3291 (deriv. Acts 1787, ch. 17, § 1; 1799, ch. 11, § 2; 1853-1854, ch. 48, § 1; 1855-1856, ch. 164, § 2); Shan., § 5040; Code 1932, § 9195; Acts 1976, ch. 529, § 8; T.C.A. (orig. ed.), § 23-2126.

Textbooks. Tennessee Jurisprudence, 20 Tenn. Juris., Partition, § 31.

Cited: Holt v. Hamlin, 120 Tenn. 496, 111 S.W. 241, 1908 Tenn. LEXIS 39 (1908); Davis v. Solari, 132 Tenn. 225, 177 S.W. 939, 1915 Tenn. LEXIS 16 (1915); Cripps v. Cripps, 202 Tenn. 67, 302 S.W.2d 340, 1957 Tenn. LEXIS 364 (1957); Fehringer v. Fehringer, 212 Tenn. 75, 367 S.W.2d 781, 1963 Tenn. LEXIS 399 (1963); Yarbro v. Easley, 525 S.W.2d 495, 1974 Tenn. App. LEXIS 123 (Tenn. Ct. App. 1974).


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