Judgment of partition; effect.
The judgment of partition shall be presumptive evidence of title in all cases, and as between the parties themselves it is conclusive evidence thereof, subject, however, to be defeated by proof of a title paramount to, or independent of, that under which the parties held as joint tenants or tenants in common.
Source:R.S.1867, Code § 840, p. 541; R.S.1913, § 8323; C.S.1922, § 9275; C.S.1929, § 20-21,107; R.S.1943, § 25-21,107.
Party claiming title by adverse possession was bound by judgment in partition action in which he was a party. Bender v. Fuchs, 179 Neb. 162, 137 N.W.2d 364 (1965).
Where title under trust deed was paramount to that under which parties held, as tenants, partition would not lie. Heiser v. Brehm, 117 Neb. 472, 221 N.W. 97 (1928).
Judgment is conclusive though proceedings were irregular and shares were found according to unconstitutional act. Staats v. Wilson, 76 Neb. 204, 107 N.W. 230 (1906), affirmed on rehearing 76 Neb. 210, 109 N.W. 379 (1906).