In these cases the partition shall be made according to the respective rights of the parties, setting apart to such as desire it their shares in severalty, and leaving the shares of others, if desired, in common; and if there are minors, the court may, in its discretion, leave their shares in common, or set them apart to each in severalty, as may appear to be just, upon the proof introduced.
Code 1858, § 3265 (deriv. Acts 1853-1854, ch. 48, § 3); Shan., § 5013; Code 1932, § 9168; T.C.A. (orig. ed.), § 23-2104.
Structure 2021 Tennessee Code
Title 29 - Remedies and Special Proceedings
§ 29-27-102. Effect of Encumbrance
§ 29-27-103. Infancy of Owners — Distinctness of Interests
§ 29-27-104. Partial Partition — Interest of Minors
§ 29-27-105. Partition of Personalty — Possession Pending Proceeding
§ 29-27-106. Jurisdiction of Courts
§ 29-27-108. Contents of Petition
§ 29-27-110. Uncertainty of Interests
§ 29-27-111. Notice of Petition
§ 29-27-112. Commencement of Action by Summons
§ 29-27-113. Decree — Reservation of Unknown Interests
§ 29-27-114. Appointment of Commissioners
§ 29-27-115. Oath of Commissioners
§ 29-27-116. Mode of Partition
§ 29-27-117. Unequal Partition — Equalizing Charges
§ 29-27-118. Report of Commissioners
§ 29-27-119. Confirmation of Report — Decree
§ 29-27-120. Commissioners' Expenses