§ 34-15-12. Death of party — Substitution of heirs or devisees.
No action for partition shall be abated by the decease of either of the parties plaintiff or defendant in the action. In case of the decease of either of the plaintiffs or defendants in the action, the court shall cause the heirs at law or devisees of the deceased party to be notified of the pendency of the action in the same manner as if they had been parties in the original action, and may, after the notice has been given, render judgment in the action in the same manner as might have been done had the heirs or devisees been original parties in the action.
History of Section.G.L. 1896, ch. 265, § 12; G.L. 1909, ch. 330, § 12; G.L. 1923, ch. 381, § 12; G.L. 1938, ch. 586, § 12; G.L. 1956, § 34-15-12.
Structure Rhode Island General Laws
Section 34-15-1. - Cotenants of estates of inheritance.
Section 34-15-2. - Cotenants of estates for life or years.
Section 34-15-3. - Cotenants of estates of inheritance and for life or years.
Section 34-15-4. - Action by executor or administrator as tenant in common.
Section 34-15-5. - Joinder of reversioner or remainderman with tenant for life or years.
Section 34-15-6. - Venue when land situated in two (2) or more counties.
Section 34-15-7. - Notice to absent or unknown parties.
Section 34-15-8. - Notice to absentee by service on tenant in possession.
Section 34-15-9. - Continuance on failure of absentee to appear — Appointment of agent.
Section 34-15-10. - Summons of party omitted from original process.
Section 34-15-11. - Appointment of guardian ad litem.
Section 34-15-12. - Death of party — Substitution of heirs or devisees.
Section 34-15-13. - Voluntary appearance by heirs or devisees of deceased party.
Section 34-15-14. - Joint or several answers.
Section 34-15-15. - Order to set off share of party.
Section 34-15-16. - Order of sale.
Section 34-15-17. - Sale binding on parties to action.
Section 34-15-18. - Division of proceeds of sale — Share set aside for absent or unknown parties.
Section 34-15-19. - Adjudication of all claims.
Section 34-15-21. - Title vested by sale — Investment for benefit of reversioner or remainderman.
Section 34-15-22. - Apportionment of costs.
Section 34-15-23. - Costs as lien on property.
Section 34-15-24. - Appointment of persons to make partition.
Section 34-15-25. - Partition by persons appointed.
Section 34-15-26. - Notice by commissioners nonresidents and to absent or unknown parties.
Section 34-15-27. - Report of commissioners — Judgment — Recording.