§ 29-27-218. Disposition of Proceeds of Sale
The shares of adults not under any disability, in the proceeds of sale made for partition, after deducting the proportion of costs to be borne by such shares, shall be paid over to such parties or their order. If any of the parties are infants, the court shall direct the disposition of the shares of […]
§ 29-27-219. Bond to Refund Proceeds of Sale
The court may, whenever the nature of the case demands, require all, or any of the parties, before they shall receive any share of the moneys arising from a sale under this chapter, to give approved security, in such sum as the court may direct, to refund such share, with interest thereon, in case it […]
§ 29-27-213. Purchaser’s Rights Under Undisclosed Encumbrance
Nothing herein contained shall be held to deprive a purchaser of any rights the purchaser may have to be relieved of a sale, by reason of an encumbrance not made known at the sale. Code 1858, § 3315; Shan. § 5064; Code 1932, § 9219; T.C.A. (orig. ed.), § 23-2143.
§ 29-27-214. Terms of Sale
The court may direct the sale to be made for cash, or on such credit as may be deemed most for the interest of all the parties. Code 1858, § 3300 (deriv. Acts 1827, ch. 54, § 1); Shan., § 5049; Code 1932, § 9204; T.C.A. (orig. ed.), § 23-2144. Collateral References. Partition 102.
§ 29-27-215. Security for Purchase Money
The installments of purchase money shall be secured by note, with good personal security, and a lien retained on the land until the whole amount is paid. The lien for the purchase money subsists until the whole is paid, notwithstanding any omission to reserve such lien, either in the decree or titles made in compliance […]
§ 29-27-216. Vesting of Title in Purchaser
The court, upon confirmation of the sale, divests title and vests it as in other cases of sale of real estate by decree of court, under the provisions of this Code. Code 1858, § 3303; Shan., § 5052; Code 1932, § 9207; T.C.A. (orig. ed.), § 23-2146.
§ 29-27-217. Decree
The rights of the parties shall be settled by the judgment or decree of the court, and the proceeds divided in accordance therewith. Code 1858, § 3302 (deriv. Acts 1827, ch. 54, § 2); Shan., § 5051; Code 1932, § 9206; T.C.A. (orig. ed.), § 23-2147.
§ 29-27-203. Alternative Application
The application may be in the alternative for partition, if practicable or advisable, and, if otherwise, for a sale. Code 1858, § 3296 (deriv. Acts 1853-1854, ch. 48, § 1); Shan., § 5045; Code 1932, § 9200; T.C.A. (orig. ed.), § 23-2130. Collateral References. Partition 77(4).
§ 29-27-204. Amendment to Pray Sale
The petition or bill may also be amended at any stage of the cause, so as to pray a sale, if the parties think it for their interest. Code 1858, § 3298; Shan., § 5047; Code 1932, § 9202; T.C.A. (orig. ed.), § 23-2131. Collateral References. Partition 77(4).
§ 29-27-205. Answer Asking Sale
Even if application is for partition only, the court may, upon the answers of the defendants asking a sale, and satisfactory cause shown, decree a sale for division. Code 1858, § 3297; Shan., § 5046; Code 1932, § 9201; T.C.A. (orig. ed.), § 23-2132. Collateral References. Partition 77(4).