Any person entitled to a partition of premises, under part 1 of this chapter, is equally entitled to have such premises sold for division, in the following cases: If the premises are so situated that partition thereof cannot be made; or Where the premises are of such description that it would be manifestly for the […]
The application for a sale of the premises is made by bill or petition, under the same rules and regulations that govern the application for partition. Code 1858, § 3294; Shan., § 5043; Code 1932, § 9198; T.C.A. (orig. ed.), § 23-2129. Collateral References. 68 C.J.S. Partition § 131. Partition 77(4).
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).
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).
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).
If the commissioners appointed to make partition report that the premises, or any portion thereof, are so situated that a partition cannot be made without great prejudice to the owners, the court may, if satisfied that the report is just and correct, order a sale of the premises, whether prayed for or not in the […]
When the estate to be divided is situated in several counties, the court may decree a sale of all the land, as well that situated in the county where the bill is filed as in any other county in the state. Code 1858, § 3295 (deriv. Acts 1847-1848, ch. 170, §§ 1, 2); Shan., § […]
The court may, with the assent of the person entitled to an estate for life, to the whole or any part of the premises, who is a party to the proceedings, sell such estate with the rest. If such person is incapable of giving assent, the court may determine, under all the circumstances, and taking […]
It is the duty of the parties, when a sale is applied for or ordered, to disclose any encumbrance upon the premises, or any part thereof. Either party, or the purchaser after sale, may have a reference to ascertain whether there are any encumbrances on the premises, the costs of which reference will be borne […]
If the party dispute the validity of the supposed encumbrance, the purchaser may, by petition, compel such party and the supposed encumbrancer to interplead, unless the parties produce and file a disclaimer or receipt from such supposed encumbrancer. Code 1858, § 3312; Shan., § 5061; Code 1932, § 9216; T.C.A. (orig. ed.), § 23-2140.
The proceedings to ascertain and settle the amount of encumbrances, as provided in §§ 29-27-209 — 29-27-213, shall not affect any other party in the suit nor delay the paying over or investing of moneys to or for the benefit of any party upon whose estate in the premises there appears to be no encumbrance. […]
Sales made without reference to the encumbrances are subject thereto, and do not affect the right of such encumbrancers in any way. Code 1858, § 3314; Shan., § 5063; Code 1932, § 9218; T.C.A. (orig. ed.), § 23-2142.
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.
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.
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 […]
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.
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.
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 […]
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 […]
