Ala. Code § 35-6-57

Sale Instead of Partition - When Sale Ordered

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Section 35-6-57

Sale Instead of Partition - When Sale Ordered.

If, after a decree for partition and the appointment of commissioners it shall appear from the report of the commissioners, or on exceptions to their report, that a just and equal division of the land cannot be made, or that a sale will better promote the interest of all the cotenants, the court shall order a sale of the land, or such part thereof as may be deemed proper, and a division of the proceeds among those interested, as provided for, and make an equitable partition as provided in this article of the land not sold.

(Code 1907, §5212; Code 1923, §9312; Code 1940, T. 47, §201.)

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Notes of Decisions

Cited in 1 case, 2004–2004 · leading case: Ark Land Co. v. Harper

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Ark Land Co. v. Harper (2004) wva · cites it 2× “Rev.Stat. § 38-28-107 (Bradford 2002); Conn.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.