If the commissioners appointed to make partition report that the premises, or any portion thereof, are so situated that a partition cannot be made without great prejudice to the owners, the court may, if satisfied that the report is just and correct, order a sale of the premises, whether prayed for or not in the petition, or asked by the defendant.
Code 1858, § 3299; Shan., § 5048; Code 1932, § 9203; T.C.A. (orig. ed.), § 23-2133.
Structure 2021 Tennessee Code
Title 29 - Remedies and Special Proceedings
§ 29-27-201. Sale for Division Authorized
§ 29-27-202. Application for Sale
§ 29-27-203. Alternative Application
§ 29-27-204. Amendment to Pray Sale
§ 29-27-205. Answer Asking Sale
§ 29-27-206. Commissioners Recommending Sale
§ 29-27-207. Decree for Sale of Estate Situated in Several Counties
§ 29-27-208. Sale of Life Estate
§ 29-27-209. Ascertainment of Encumbrances — Payment
§ 29-27-210. Interpleader of Encumbrancer
§ 29-27-211. Unencumbered Shares Unaffected
§ 29-27-212. Sale Subject to Encumbrance
§ 29-27-213. Purchaser's Rights Under Undisclosed Encumbrance
§ 29-27-215. Security for Purchase Money
§ 29-27-216. Vesting of Title in Purchaser