Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
A person who was not made a party and has not appeared, who claims the whole or any part of the share assigned to or left for any of the supposed co-tenants in the decree for partition, shall be concluded by the decree, so far as it relates to the partition and the assignment of the shares, as if he had been a party to the proceedings; but he may bring his action for the share claimed by him against the person to whom it was assigned or for whom it was left. Such action shall be brought against the tenant in possession, as if the demandant had originally claimed the specific parcel demanded instead of an undivided part of the land; and it may be brought within the time in which it might have been brought if no such decree for partition had been rendered. If partition is made by sale, the claimant may recover the share of the proceeds to which he is entitled by action against the persons to whom the proceeds were paid, or, before the payment, by a petition in equity in the court in which the partition was made, to which the commissioner or commissioners and all known claimants of the share shall be made parties defendant.
Cite this article: FindLaw.com - Massachusetts General Laws Part III. Courts, Judicial Officers and Proceedings in Civil Cases (Ch. 211-262) Ch. 241, § 19 - last updated January 01, 2025 | https://codes.findlaw.com/ma/part-iii-courts-judicial-officers-and-proceedings-in-civil-cases-ch-211-262/ma-gen-laws-ch-241-sect-19/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)