2006 Utah Code - 78-39-15 — Confirmation, modification or vacation by court -- Effect of death of party before judgment.

     78-39-15.   Confirmation, modification or vacation by court -- Effect of death of party before judgment.
     The court may confirm, change, modify or set aside the report, and if necessary appoint new referees. Upon the report being confirmed judgment must be rendered that such partition be effectual forever, which judgment is binding and conclusive:
     (1) 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 such 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 thereof as tenants for years or for life;
     (2) on all persons interested in the property who may be unknown, to whom notice of the action for partition has been given by publications; and,
     (3) on all other persons claiming from such parties or persons, or either of them.
     And no judgment is invalid by reason of the death of any party before final judgment or decree; but such judgment or decree is as conclusive against the heirs, legal representatives or assigns of such decedent as if it had been entered before his death.

No Change Since 1953