668-17 Costs.
§668-17 Costs. All costs of the proceedings in partition shall be paid by the plaintiff in the first instance, but eventually by all of the parties in proportion to their interests, except such costs which may be occasioned by contests as to particular shares or interests, which shall be charged against the particular shares or […]
668-15 Conveyances and payments in partition; possession and guaranty.
§668-15 Conveyances and payments in partition; possession and guaranty. The title of every claimant to any share or interest in the property shall be shown to the satisfaction of the court before any conveyance in partition is made to the party of the portion or portions of the land allotted to the share or interest, […]
668-16 Default.
§668-16 Default. All parties who have failed to plead or otherwise defend as provided by the rules of court shall, when that fact is made to appear, be deemed to be in default, and their default shall be entered. Such parties shall be deemed to have consented to such partition or other disposition of the […]
668-2 Necessary parties; unknown owners.
§668-2 Necessary parties; unknown owners. [(a)] Subject to the rules of court and section 668-8.5, plaintiff shall join as a party every person having or claiming to have, as far as known to the plaintiff, any legal or equitable right, title, or interest in the property described in the complaint or any part thereof or […]
668-3 Complaint.
§668-3 Complaint. The complaint shall particularly describe the property sought to be partitioned, and shall set forth the title and rights of all parties interested therein and the extent of their respective interests, as far as known to the plaintiff. In case any person or persons interested are unknown to the plaintiff so that they […]
668-4 Pleadings; substitution of heirs in case of death.
§668-4 Pleadings; substitution of heirs in case of death. [(a)] Each party shall allege the source or derivation and devolution of the party’s title, right, interest, or claim. The answers of the defendants shall state, among other things, the precise nature and extent of their respective interests or claims. [(b)] If any suggestion of death […]
668-5 Summons, service.
§668-5 Summons, service. The summons shall be directed to all persons named in the complaint or joined as provided by the rules of court, and may be directed generally to all persons unknown having or claiming to have any interest in the premises described in the complaint, subject to section 668-8.5. Unknown persons and any […]
668-6 REPEALED.
§668-6 REPEALED. L 1972, c 90, §11(s).
668-7 Powers of the court.
§668-7 Powers of the court. [(a)] The court shall have power, subject to section 668-8.5: (1) To hear, investigate, and determine any and all questions of conflicting or controverted titles or claims either as to the whole of the property or as to any share or interest therein, either with or without the intervention of […]
668-8 Trial of title.
§668-8 Trial of title. Whenever the legal title of any particular share or interest in the property is controverted, the issue shall be triable of right by a jury; provided that as to any such particular controversy, where no other share or interest in the property is affected thereby, the court may set apart to […]