The commissioners must be sworn faithfully to execute the trust reposed in them, and to make the division or partition fairly and impartially, if the same can be made; and the division or partition shall be conducted in all respects, as nearly as may be, consistently with the provisions of this article, as is done when property in the hands of an executor or administrator is to be distributed or divided; and in case of application for partition of lands, the commissioner must, after examining the lands, and a survey thereof, if necessary, proceed without delay to make division thereof into the necessary number of shares, having regard to the quality of the soil, and other advantages, so as to make the different shares as nearly equal in value as practicable; and they must make a plat and map thereof, showing the subdivisions of the lots, and numbering them progressively; and subdivisions and boundaries of the lots, and numbering them progressively; and they are authorized to employ a surveyor and chain bearers and other attendants, if necessary.
Structure Code of Alabama
Article 3 - Partition in Probate Court.
Section 35-6-40 - Property Subject to Partition; by Whom Application Made.
Section 35-6-41 - Partition of Land Lying Partly in Different Counties.
Section 35-6-42 - Contents of Application.
Section 35-6-43 - Time and Place of Hearing; Notice; Guardians Ad Litem; Nonresidents as Parties.
Section 35-6-44 - Proceedings Against Unknown Persons and Certain Other Parties Defendant.
Section 35-6-45 - Decree for Partition; Appointment of Commissioners; Minors' Interests Considered.
Section 35-6-46 - Oath of Commissioners; Duties Generally.
Section 35-6-47 - Notice of Partition.
Section 35-6-48 - Determination and Statement by Commissioners.
Section 35-6-49 - Filing and Recordation of Application, etc.; Record as Evidence.
Section 35-6-50 - Partition Vests Title; Annulment by Circuit Court.
Section 35-6-51 - Effect of Partition on Liens.
Section 35-6-52 - Completion of Partition by Substitute Commissioner.
Section 35-6-53 - Fees of Commissioners.
Section 35-6-54 - Costs and Expenses.
Section 35-6-55 - Partition Not Made When Adverse Claim or Title Asserted.
Section 35-6-56 - Remedy Not Exclusive.
Section 35-6-57 - Sale Instead of Partition - When Sale Ordered.
Section 35-6-59 - Sale Instead of Partition - Time for Hearing.
Section 35-6-61 - Sale Instead of Partition - Evidence.
Section 35-6-63 - Sale Instead of Partition - Payment and Distribution of Purchase Money.
Section 35-6-64 - Sale Instead of Partition - Completion of Sale by Substitute Commissioner.
Section 35-6-65 - Article Applicable to Executors or Administrators of Deceased Parties.
Section 35-6-66 - Article Not Applicable to Partition of Crops.