Every person having an interest in the premises, whether having possession or otherwise, or whether such interest be based upon the common source of title or otherwise, shall be made a party to such complaint, and in cases where one or more of such parties shall be unknown, or the share or quantity or interest of any of the parties is unknown to the plaintiff, or when such shares or interest shall be uncertain or contingent, or when there may be any other impediment, so that such parties cannot be named, the same shall be so stated in the complaint.
History: C.L. 1897, § 2685 (267), added by Laws 1907, ch. 107, § 1 (267); Code 1915, § 4380; C.S. 1929, § 105-1902; 1941 Comp., § 25-1202; 1953 Comp., § 22-13-2.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For pleading asserting a claim stating reason for omitting name, see Rule 1-019 C NMRA.
Proceedings against adverse possessors not instituted as against unknown owners. — Where persons are in actual adverse possession of the lands, proceedings in partition may not be instituted against them as unknown owners. Pankey v. Ortiz, 1921-NMSC-007, 26 N.M. 575, 195 P. 906; Rodriguez v. La Cueva Ranch Co., 1912-NMSC-028, 17 N.M. 246, 134 P. 228; Priest v. Board of Trustees, 1911-NMSC-072, 16 N.M. 692, 120 P. 894, aff'd, 232 U.S. 604, 34 S. Ct. 443, 58 L. Ed. 751 (1914).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 59A Am. Jur. 2d Partition §§ 74 to 77, 109, 125, 164 to 188, 196.
Right of judgment creditor of cotenant to maintain partition, 25 A.L.R. 105.
Right of executor or administrator to bring proceedings for partition of real property, 57 A.L.R. 573.
Trustee holding legal title, right of, to maintain partition suit, 103 A.L.R. 455.
68 C.J.S. Partition §§ 2, 9, 17, 56 to 59, 73 to 75, 79, 95, 147.
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