§ 44-6-164. Appointment of Surveyor; Notice of Time of Execution of Writ; Oath of Partitioners; Principles Governing Partition; Partitioner’s Return
The partitioners shall have the power to select a surveyor to aid them in the discharge of their duties. After giving all the parties, if possible, at least eight days’ notice of the time of executing the writ and after being sworn to execute the writ duly and impartially before an officer authorized by law […]
§ 44-6-165. Objections and Defenses to Right of Applicant, Writ, or Return; Jury Trial
At the term of the court when the application is made or at the next term after the partitioners have made their return, any of the persons against whose right or title a judgment is sought may file objections to the right of the applicant and the writ of partition or to the return of […]
§ 44-6-166. Return of Partitioners as Judgment of Court; Conclusiveness; When Second Partition Ordered; Effect
If no objection to the return of the partitioners is filed by any of the parties or if, being filed, the jury on the trial finds a verdict against the party setting up such objections, the return of the partitioners shall be made the judgment of the court and shall be final and conclusive as […]
§ 44-6-166.1. Partition When Physical Division of Property Is Inequitable
As used in this Code section, the term: “Party in interest” means any person, other than a petitioner, having an interest in property. “Petitioner” means any person petitioning for partition of property. “Property” means lands and tenements sought to be partitioned pursuant to this subpart. Whenever an application is made for the partition of property […]
§ 44-6-167. When Sale of Lands Ordered; Procedure; Place of Sale; Notice
In the event lands and tenements sought to be partitioned are not sold pursuant to Code Section 44-6-166.1, the court shall order a public sale of such lands and tenements. The court shall appoint three discreet persons as commissioners to conduct such sale under such regulations and upon such just and equitable terms as it […]
§ 44-6-168. Commissioners’ Return; Distribution of Proceeds; Liability of Commissioners for Moneys Received; Contempt
After the sale of any lands and tenements provided for in Code Section 44-6-167, the commissioners conducting the sale shall return their proceeds to the same term of the court ordering such sale if such term is still being held, and, if not, to the next term thereof, at which term the court shall order […]
§ 44-6-169. Title to Property Sold; Execution of Deed of Conveyance by Commissioners
Upon the sale of lands and tenements as provided for in Code Section 44-6-167, the parties in interest shall execute a title to the purchaser; and, if any of them shall fail or refuse to do so, the commissioners or any two of them shall execute a deed of conveyance to such lands and tenements […]
§ 44-6-170. Treatment of Extraordinary Cases; Denial of Sale or Partition
In any extraordinary case not covered by Code Sections 44-6-160 through 44-6-169, the court may frame its proceeding and order so as to meet the exigency of the case without forcing the parties into equity; and the court may deny a sale or partition altogether if it is manifest that the interest of each party […]
§ 44-6-171. Setting Aside Judgment by Parties Under Disability, Absent, or Not Notified; Time Limitations; Conclusiveness of Judgment; Effect of Proceedings on Bona Fide Purchaser
When proceedings have been instituted and judgment of the partition has been rendered according to the regulations prescribed in this part and if any one of the parties in interest is a minor or a mentally ill or intellectually disabled person who has no guardian, or is absent from the state during such proceeding, or […]
§ 44-6-140. When Equitable Partition Authorized
Equity has jurisdiction in cases of partition whenever the remedy at law is insufficient or peculiar circumstances render the proceeding in equity more suitable and just. History. Orig. Code 1863, § 3115; Code 1868, § 3127; Code 1873, § 3183; Code 1882, § 3183; Civil Code 1895, § 4783; Civil Code 1910, § 5355; Code […]