21-45-28. Sale ordered when partition not practical–Appointment of referees. If it appear to the satisfaction of the court that the property, or any part of it, is so situated that partition cannot be made without great prejudice to the owners, the court may order a sale thereof, for which purpose it may appoint one or […]
21-45-29. Estate for life or years set off in part of property not sold. When a part of the property only is ordered to be sold, if there be an estate for life or years in an undivided share of the whole property, such estate may be set off in any part of the property, […]
21-45-3. Persons to whom summons directed–General direction to unknown persons. The summons in an action brought pursuant to §21-45-1 must be directed to all the joint tenants and tenants in common, and all persons having an interest in, or any lien of record by mortgage, judgment, or otherwise, upon the property or upon any particular […]
21-45-30. Sale at public auction to highest bidder–Publication of notice of sale. All sales of real property, made by referees, under this chapter must be made at public auction to the highest bidder, upon notice published in the manner required for the sale of real property on execution, except that the sale may be held […]
21-45-31. Order for sale at site of property–Reservation of power to receive higher bid at hearing. In the order for sale the court may provide for a sale at the site of the property upon a showing that it would be advantageous to have the sale where the property is located, and shall also provide […]
21-45-32. Credit terms ordered by court and announced at sale–Separate sale of distinct tracts. In all cases of sales of property, the terms must be made known at the time, and if the premises consist of distinct farms or lots, they must be sold separately. The court must, in the order for sale, direct the […]
21-45-33. Referees and conservators disqualified from purchasing at sale. None of the referees, nor any person for the benefit of any of them, can be interested in any purchase; nor can a conservator of a minor party be interested in the purchase of any real property being the subject of the action except for the […]
21-45-34. Purchase by cotenant or lien holder. When a party entitled to a share of the property, or an encumbrancer entitled to have his lien paid out of the sale, becomes a purchaser, the referees may take his receipt for so much of the proceeds of the sale as belongs to him. Source: CCivP 1877, […]
21-45-35. Payment to guardian of proceeds of sale. If the share of a minor is sold, the proceeds of the sale may be paid by the referee making the sale to his guardian, or the guardian ad litem appointed for him in the action, upon giving the security required by law, or directed by order […]
21-45-36. Undertaking required of conservator receiving proceeds of sale. The conservator of a minor or protected person whose interest in real property has been sold, may receive in behalf of such person his share of the proceeds of such real property from the referees, on executing, with sufficient sureties, an undertaking, approved by a judge […]
21-45-37. Security taken by referees delivered to parties for agreed or adjudicated shares–Filing of agreement and receipt. When security is taken by the referees on a sale and the parties interested in such security, by an instrument in writing, under their hands, delivered to the referees, agree upon the shares and proportions to which they […]
21-45-38. Separate securities taken in names of parties by referees. The referees may take separate mortgages and other securities for the whole or convenient portions of the purchase money, or such parts of the property as are directed by the court to be sold on credit, for the shares of any known owner of full […]
21-45-39. Distribution by referees of proceeds of sale–Payment into court. The proceeds of sale and the securities taken by the referees, or any part thereof, must be distributed by them to the persons entitled thereto, wherever the court so directs. But in case no direction be given, all of such proceeds and securities must be […]
21-45-4. Grantees and lien holders need not be joined unless claim recorded. No person having a conveyance of, or claiming a lien on the property, or some part of it, need be made a party to the action, unless such conveyance or lien appear of record. Source: CCivP 1877, §550; CL 1887, §5364; RCCivP 1903, […]
21-45-40. Clerk of courts to take and hold security and investment of proceeds. When the security of the proceeds of the sale is taken, or when an investment of any such proceeds is made, it must be done, except as herein otherwise provided, in the name of the clerk of courts of the county where […]
21-45-41. Report of sale filed with clerk of courts–Contents. Within ten days after the sale of the property, or any part thereof, ordered to be sold, a report thereof, duly verified by the person making the same, shall be filed in the office of the clerk of courts of the county in which the action […]
21-45-42. Exceptions to return of sale–Order fixing time and place for hearing. At any time within ten days after such return has been filed, any person interested may file exceptions thereto in writing, and no order confirming said sale shall be made until an order of the court has been made fixing a time and […]
21-45-43. Higher and better bid filed before confirmation of sale. The making of a higher and better bid subsequent to said sale shall not operate as the filing of an exception to the report of sale. If a higher and better bid is made and filed at any time before the confirmation of sale, then […]
21-45-44. Sale not confirmed if higher and better bid filed–Successive bids at hearing–Order directing conveyance to highest bidder. Such sale shall not be confirmed as to any property for which a higher and better bid in writing, equal to or exceeding the amount specified in the order of sale, shall have been filed, prior to […]
21-45-45. Confirmation ex parte when no exceptions or higher bids filed–Order for conveyance. If no exceptions be filed to the report of sale, and such fact is made to appear by the certificate of the clerk of courts in whose office the same is filed, and no higher or better bid is filed with said […]
