Section 35-6-20 Jurisdiction of circuit court to divide or sell for division. The circuit court shall have original jurisdiction to divide or partition, or sell for partition, any property, real or personal, held by joint owners or tenants in common; whether the defendant denies the title of plaintiff or sets up adverse possession or not; […]
Section 35-6-21 Interpleader. During the pendency of any civil action for partition, any person claiming to be interested in the premises to be assigned or aparted may appear and answer the complaint, and assert his or her rights, by way of interpleader; and the court shall decide upon the rights of all persons appearing as […]
Section 35-6-22 Duty of court to declare rights of parties. The court shall ascertain and declare the rights, titles, and interest of all the parties to such action, the plaintiffs as well as the defendants, and shall give judgment according to the rights of the parties. (Code 1923, §9333; Code 1940, T. 47, §188.)
Section 35-6-23 Determination of questions of title and adjustment of equities. (a) If the title of the plaintiffs seeking partition or sale of lands for a division shall be controverted, or should the title or claim of any of the parties to the action be adverse to that of one or more of the other […]
Section 35-6-24 Partition without commissioners; owelty. If, at the hearing, it appears that the intervention of commissioners is unnecessary to secure an equal partition in kind, or that the same can be effected by providing owelty, and that it would best promote the interest of the parties, the circuit court may order the partition and […]
Section 35-6-25 Service of process on certain parties defendant; guardian ad litem; judgment not affected by death of defendant; section cumulative. (a) When it is necessary to make any person a party defendant in any partition proceedings brought under the provisions of this article for partition sale of land, or any interest therein and the […]
