If the commissioners are satisfied that exact partition cannot be made without material injury to the parties, or some one of them, they may make the partition as nearly equal as they can, and charge the larger shares with the sums necessary to equalize all the shares, and report the facts.
Code 1858, § 3283 (deriv. Acts 1853-1854, ch. 48, § 4); Shan., § 5031; Code 1932, § 9186; T.C.A. (orig. ed.), § 23-2120.
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