§ 18-60-422. Report and confirmation of sale — Conveyances
(a) After completing the sale, the commissioners shall report their proceedings to the court, on their oath, with a description of the different parcels of the land sold, the name of the purchaser, and the price bid by him or her, and the report shall be filed in the court. (b) If the sale is […]
§ 18-60-423. Distribution of sale proceeds
The proceeds of every sale, after deducting the costs and expenses of the proceedings, shall be divided among the parties whose rights and interests shall have been sold, in proportion to their respective rights in the premises, and shall be paid to them, their guardians, or legal representatives by the commissioners.
§ 18-60-424. Sale without commissioners
The court may order a sale without the appointment of commissioners if the court determines from the evidence presented that there is no necessity for the appointment of commissioners.
§ 18-60-425. Sale of improved land where infant or individual with mental illness coparcener, etc
(a) When town or city lots, or land outside of a town or city, but having upon it a building of more value than the land, shall be held by, or in trust, for coparceners, joint tenants, or tenants in common, some of whom are infants or persons of unsound mind, the circuit court, or […]
§ 18-60-426. Sale of land held jointly or otherwise by incompetent person
(a) The land of an incompetent person held jointly or otherwise, by survivorship, entirety, tenancy in common, joint tenancy, or howsoever held, with another or others, though not necessary for the payments of debts or maintenance, may be sold by order of the probate division of circuit court having jurisdiction over the land or guardian […]
§ 18-60-411. Entry of default
If any of the parties duly notified by personal service or publication shall not appear and plead within the time allowed by the court for that purpose, the default shall be entered. The petitioners shall, nevertheless, make out their case by the exhibition to the court of the evidence of their title upon which they […]
§ 18-60-501. Proceedings generally
Any person claiming to own land that is wild or improved or land that is in the actual possession of himself or herself, or those claiming under him or her, may have his or her title to the land confirmed and quieted by proceeding in the manner provided in this subchapter.
§ 18-60-412. Judgment
(a) The court shall ascertain, from the evidence in case of default or from the confession by answer of the parties, if they appear, and shall declare the rights, titles, and interests of all the parties to the proceedings, petitioners as well as defendants, so far as they shall have appeared. (b) The court shall […]
§ 18-60-502. Petition
(a) A claimant shall file in the office of the clerk of the circuit court of the county in which the land is situated a petition describing the land and stating facts which show a prima facie right and title to the land in himself or herself and that there is no adverse occupant thereof. […]
§ 18-60-413. No partition contrary to terms of will
No partition or sale of land, tenements, or hereditaments devised by any last will and testament shall be made, under the provisions of this act, contrary to the intention of any testator as expressed in his or her last will and testament.