Legislation
SECTION 1531
Effect of judgment
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 15
§ 1531. Effect of judgment. 1. A final judgment in favor of either
party, in an action brought as prescribed in this article, is
conclusive, as to the title established in the action, against the other
party, known or unknown, including an infant or a person with a mental
disability, and also against every person claiming from, through or
under that party, by title accruing after the filing of the judgment
roll, or of the notice of the pendency of the action, as prescribed by
law; also against each person not in being or ascertained at the
commencement of the action, who by any contingency contained in a devise
or grant or otherwise, could afterward become entitled to a beneficial
estate or interest in the property involved, provided that every person
in being who would have been entitled to such estate or interest if such
event had happened immediately before the commencement of the action is
a party thereto, or that a guardian ad litem is appointed, as prescribed
by section 1513 of this article.
2. A new trial of said action after judgment shall not be granted as a
matter of right, but the court may, in its discretion in the interest of
justice, grant a new trial upon an application made by any party within
one year after said judgment. Upon any new trial of an action brought as
prescribed in this article, the record of the evidence given upon the
previous trial may be again offered to the court by either party, and
may be received in evidence, in case the same evidence cannot be again
procured. The courts may make such rules and orders as to preserving the
record of the evidence given in such actions and perpetuating the proofs
produced therein, either with or without the awarding of any other
relief to the party whose proofs are so perpetuated, as shall be
necessary or proper, and may embrace such directions in the judgment.
party, in an action brought as prescribed in this article, is
conclusive, as to the title established in the action, against the other
party, known or unknown, including an infant or a person with a mental
disability, and also against every person claiming from, through or
under that party, by title accruing after the filing of the judgment
roll, or of the notice of the pendency of the action, as prescribed by
law; also against each person not in being or ascertained at the
commencement of the action, who by any contingency contained in a devise
or grant or otherwise, could afterward become entitled to a beneficial
estate or interest in the property involved, provided that every person
in being who would have been entitled to such estate or interest if such
event had happened immediately before the commencement of the action is
a party thereto, or that a guardian ad litem is appointed, as prescribed
by section 1513 of this article.
2. A new trial of said action after judgment shall not be granted as a
matter of right, but the court may, in its discretion in the interest of
justice, grant a new trial upon an application made by any party within
one year after said judgment. Upon any new trial of an action brought as
prescribed in this article, the record of the evidence given upon the
previous trial may be again offered to the court by either party, and
may be received in evidence, in case the same evidence cannot be again
procured. The courts may make such rules and orders as to preserving the
record of the evidence given in such actions and perpetuating the proofs
produced therein, either with or without the awarding of any other
relief to the party whose proofs are so perpetuated, as shall be
necessary or proper, and may embrace such directions in the judgment.