Section 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.