§668-8.5  Adverse claimants.  Unless the
action is combined with an action under chapter 669, a person who has not
appeared and who claims to hold by title paramount to that under which the
plaintiff claims as a cotenant shall not be concluded by the judgment, but may
maintain an action asserting his title against any or all of the parties, or
persons holding under them, within the time in which he might have brought such
action if the action for partition had not been filed. [L 1972, c 90, §11(1)]