§ 5178. New partition—when ordered

When an owner of a share in the estate who is not an inhabitant of the State at the commencement of the action and has not been given personal notice of the action and thinks himself or herself aggrieved by the partition, he or she may within three years after the making of the order, bring a new action in the court which made the order of partition. Notice shall be given persons interested, in the same manner as directed in the original action. Upon sufficient cause being shown, the court may order a new partition thereof or make such other order as appears just. (Amended 1971, No. 185 (Adj. Sess.), § 154, eff. March 29, 1972.)