§ 928. Effect of judgment after actual partition. A final judgment
after actual partition is binding and conclusive upon the following
persons, except parties and persons claiming under them whose rights and
interests are expressly left unaffected:

1. The plaintiff; each defendant upon whom the summons was served,
either personally or without the state or by publication; and his legal
representatives.

2. Each person claiming from, through or under such a party, by title
accruing after the filing of the judgment-roll, or after the filing in
the proper county clerk's office of a notice of the pendency of the
action.

3. Each person not in being when the interlocutory judgment is
rendered who, by the happening of any contingency becomes afterwards
entitled to a beneficial interest attaching to, or an estate or interest
in, a portion of the property, the person first entitled to which, or
other virtual representative whereof, was a party specified in the first
subdivision of this section.