§ 18-60-1001. Short title
This subchapter may be cited as the “Uniform Partition of Heirs Property Act”.
§ 18-60-704. Publication of notice
Upon the filing of the petition, the clerk of the court shall publish for four (4) weeks in some weekly newspaper published in the county a notice of the filing of the petition, describing the lands and the alleged conveyance to the railroad as set forth in the petition, and calling upon all persons claiming […]
§ 18-60-812. Bond
(a) The order shall not be complied with by the sheriff until there has been executed in his or her presence, by one (1) or more sufficient sureties of the plaintiff, a bond to the defendant, to the effect that the plaintiff shall duly prosecute the action and that he or she shall perform the […]
§ 18-60-705. Proof — Determination
If any person appears to contest the petition, the burden of proof shall rest upon the person so appearing, and the court shall determine the rights of the parties in accordance with the principles and practice in equity and decree accordingly.
§ 18-60-813. Execution of order
(a) The sheriff shall execute the order by taking the property therein mentioned, if it is found in the possession of the defendant, or his or her agent, or of any other person who obtained possession thereof from the defendant, directly or indirectly, after the order was placed in the sheriff’s hands. (b) The sheriff […]
§ 18-60-706. Recording of decree
A certified copy of the decree shall be entitled to record in the deed records of the county where rendered.
§ 18-60-814. Orders directed to other counties
(a) At any time before judgment an order may be directed to any other county for the delivery of the property claimed. (b) Several orders may issue at the same time, or successively, at the option of the plaintiff, but only one (1) of the orders shall be taxed in the costs, unless otherwise ordered […]
§ 18-60-707. Effect of decree
The decree in any such cause shall be an absolute bar as against the title of any railroad, its successors and assigns, and the person deeding or claimed to have deeded, granted, donated, or subscribed the lands to the railroads, his or her heirs and assigns, and all others claiming the lands by, through, or […]
§ 18-60-815. Disposition of property replevied
If the affidavit of the plaintiff states that the property was taken under an execution, the sheriff shall deliver it to the plaintiff. In every other case the sheriff shall retain the property in his or her possession for two (2) days, unless the bond mentioned in § 18-60-816 shall be sooner executed.
§ 18-60-708. Costs
The petitioner shall pay the costs when there is no contest, and in case of contest, the cost shall be adjudged by the court.