(a) If, on the hearing, the court is satisfied from the evidence that the parties are joint owners or tenants in common in the crops, a decree must be entered, declaring the interest or share each has therein, and ordering the crops divided in specie, or sold for division, as may appear from the evidence more practicable and better for the interests of the parties; and if any liens exist on the crops, or on any interest or share therein, in favor of any of the parties, such liens, and the extent and amount thereof, must be declared; and if a division in specie is ordered, such liens shall be charges only on the shares of the parties against whom they exist, but if a sale is ordered, the proceeds of the shares or interest upon which they exist, after payment of their part of the costs, shall be applied to the satisfaction of such liens.
(b) When any lien exists on the crops, or on any share or interest therein, in favor of any person other than the joint owners or tenants in common, such person must be made a party to the application, and his lien declared and protected; and if division in specie is made, such lien shall thenceforth rest only on the share or interest of the party against whom it exists; but if a sale is made, such lien shall be satisfied out of the proceeds of the share or interest upon which it exists; but such share or interest must first be made to contribute its share of the costs.
Structure Code of Alabama
Article 5 - Partition of Crops.
Section 35-6-110 - Crops Subject to Partition; by Whom Application Made.
Section 35-6-111 - Contents of Application.
Section 35-6-112 - Time for Hearing; Guardians Ad Litem.
Section 35-6-114 - When Sheriff Ordered to Take Possession of Crops; Forthcoming Bond.
Section 35-6-115 - Decree of Partition or Sale; Effect on Existing Liens.
Section 35-6-116 - Sale by Sheriff; Distribution of Proceeds by Probate Judge.
Section 35-6-118 - Sale When Partition Impracticable.
Section 35-6-119 - Replacement of Commissioners Upon Failure to Act.
Section 35-6-120 - Objections to Commissioners' Report; Confirming or Setting Aside Report.
Section 35-6-121 - Delivery of Shares.
Section 35-6-122 - Trial by Jury.
Section 35-6-123 - Costs and Fees.
Section 35-6-125 - Recordation of Papers.
Section 35-6-126 - Article Applicable to Assignees; Remedy Not Exclusive.