§ 901. By whom maintainable. 1. A person holding and in possession of real property as joint tenant or tenant in common, in which he has an estate of inheritance, or for life, or for years, may maintain an action for the partition of the property, and for a sale if it appears that a […]
§ 911. Ascertainment of rights of parties before interlocutory judgment on default or admission or where party is an infant, absentee or unknown defendant. If a defendant has made default in appearing or pleading, or the rights of the parties are not controverted, or a party be an infant, absentee or unknown, the court shall […]
§ 913. Inquiry as to creditors. 1. Before an interlocutory judgment for the sale of real property is rendered the court shall ascertain, by reference or otherwise, whether there is any creditor not a party who has a lien on the undivided share or interest of any party. A search certified by the clerk or […]
§ 915. Interlocutory judgment. The interlocutory judgment shall determine the right, share or interest of each party in the property, as far as the same has been ascertained. Where the property or any part thereof is so circumstanced that a partition thereof cannot be made without great prejudice to the owners, the interlocutory judgment, except […]
§ 916. Interlocutory judgment directing partial partition. Where the right, share and interest of a party has been ascertained, and the rights, shares or interests of the other parties as between themselves remain unascertained, an interlocutory judgment for a partition shall direct a partition as between the party whose share has been so determined and […]
§ 917. Interlocutory judgment directing partition in common. Where two or more parties desire to enjoy their shares in common with each other, the interlocutory judgment may direct partition to be so made as to set off to them their shares of the real property partitioned, without partition as between themselves, to be held by […]
§ 918. Interlocutory judgment directing sale or exception of lien or dower interest. 1. An interlocutory judgment directing the sale of the property may direct that the premises sold shall be free from the lien of every debt of a decedent, from whom the plaintiff’s title is derived, or of a decedent who, if living, […]
§ 919. Interlocutory judgment directing credit on sale. The court, in the interlocutory judgment for a sale, shall direct the terms of credit which may be allowed for any portion of the purchase-money.
§ 921. Actual partition. 1. The commissioners designated by the interlocutory judgment shall forthwith proceed to make partition as directed by such judgment, unless it appears to them that partition thereof, or of a particular lot, tract or other portion thereof, cannot be made without great prejudice to the owners; in which case, they shall […]
§ 922. Meeting of commissioners; report of actual partition; confirming or setting aside report. 1. All the commissioners shall meet together in the performance of any of their duties, but the acts of a majority so met are valid. They shall make a full report of their proceedings, under their hands, specifying therein the manner […]
§ 923. Security for credit on sale. The portion of the purchase-money for which credit is allowed in the interlocutory judgment shall be secured at interest by a mortgage upon the property sold, with a bond of the purchaser; and by such additional security, if any, as the court prescribes. The officer making the sale […]
§ 925. Report of sale; confirmation. 1. Immediately after completing the sale, the officer making it shall file with the clerk his report thereof under oath, containing a description of each parcel sold, the name of the purchaser and the price. 2. The court shall confirm or set aside the report.
§ 927. Contents of judgment after actual partition. Upon the confirmation by the court of the report of the commissioners making partition, final judgment shall be entered directing that each of the parties who is entitled to possession of a distinct parcel allotted to him, be let into the possession thereof, either immediately, or after […]
§ 928. Effect of judgment after actual partition. A final judgment after actual partition is binding and conclusive upon the following persons, except parties and persons claiming under them whose rights and interests are expressly left unaffected: 1. The plaintiff; each defendant upon whom the summons was served, either personally or without the state or […]
§ 929. Lien of creditor upon share partitioned. After actual partition the lien of a creditor having a lien on an undivided share or interest in the property, who is or is not made a party, shall attach only to the share or interest assigned to the party upon whose share or interest the lien […]
§ 931. Contents of judgment after sale. A final judgment confirming a sale shall direct the officer making it to execute the proper conveyances and take the proper securities pursuant to the sale, and also direct application of the proceeds.
§ 933. Effect of judgment after sale. A final judgment after sale is binding and conclusive upon the same persons upon whom a final judgment for actual partition is binding and conclusive; and it bars each of those persons who is not a purchaser at the sale from all right, title and interest in the […]
§ 941. Judgment as to parties having interest in entire property. If a tenant by the curtesy or for life or for years of the entire property, or a person entitled to a contingent or vested remainder or reversion in the entire property, or a creditor, or other person, having a lien or interest which […]
§ 943. Judgment directing compensation to equalize partition. Where it appears that partition cannot be made equal between the parties according to their respective rights without prejudice to the rights or interests of some of them, the final judgment may award compensation to be made by one party to another for equality of partition. But […]
§ 945. Judgment adjusting rents and profits. The court may adjust the rights of a party as against any other party by reason of the receipt by the latter of more than his proper proportion of the rents or profits of a share.
