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Article 1 - General Provisions.
Section 35-6-1 - Deposit of Unclaimed Money in County Treasury; Payment Upon Order of Court. - (a) When a sale of premises is made, and no...
Article 2 - Partition in Circuit Court.
Section 35-6-20 - Jurisdiction of Circuit Court to Divide or Sell for Division. - The circuit court shall have original jurisdiction to divide or...
Section 35-6-21 - Interpleader. - During the pendency of any civil action for partition, any...
Section 35-6-22 - Duty of Court to Declare Rights of Parties. - The court shall ascertain and declare the rights, titles, and...
Section 35-6-23 - Determination of Questions of Title and Adjustment of Equities. - (a) If the title of the plaintiffs seeking partition or...
Section 35-6-24 - Partition Without Commissioners; Owelty. - If, at the hearing, it appears that the intervention of...
Section 35-6-25 - Service of Process on Certain Parties Defendant; Guardian Ad Litem; Judgment Not Affected by Death of Defendant; Section Cumulative. - (a) When it is necessary to make any person a...
Article 3 - Partition in Probate Court.
Section 35-6-40 - Property Subject to Partition; by Whom Application Made. - Any property, real, personal or mixed, held by joint owners...
Section 35-6-41 - Partition of Land Lying Partly in Different Counties. - When partition is sought of a tract of land lying...
Section 35-6-42 - Contents of Application. - The application for division or partition must set forth the...
Section 35-6-43 - Time and Place of Hearing; Notice; Guardians Ad Litem; Nonresidents as Parties. - Upon the filing of the application, a day not less...
Section 35-6-44 - Proceedings Against Unknown Persons and Certain Other Parties Defendant. - When it is necessary to make any persons defendant to...
Section 35-6-45 - Decree for Partition; Appointment of Commissioners; Minors' Interests Considered. - If, upon the hearing, the court is satisfied from the...
Section 35-6-46 - Oath of Commissioners; Duties Generally. - The commissioners must be sworn faithfully to execute the trust...
Section 35-6-47 - Notice of Partition. - In case of partition of lands, the commissioners must give...
Section 35-6-48 - Determination and Statement by Commissioners. - On the day designated, the commissioners must, in the presence...
Section 35-6-49 - Filing and Recordation of Application, etc.; Record as Evidence. - The application, commission, statement of the commissioners and plat and...
Section 35-6-50 - Partition Vests Title; Annulment by Circuit Court. - The partition so made vests a title in fee simple...
Section 35-6-51 - Effect of Partition on Liens. - When there is a lien on an undivided interest of...
Section 35-6-52 - Completion of Partition by Substitute Commissioner. - If any of the commissioners die, resign or neglect or...
Section 35-6-53 - Fees of Commissioners. - The commissioners are entitled to $2.00 per day for each...
Section 35-6-54 - Costs and Expenses. - The probate court must ascertain the costs and expenses attending...
Section 35-6-55 - Partition Not Made When Adverse Claim or Title Asserted. - No division or partition or sale for distribution can be...
Section 35-6-56 - Remedy Not Exclusive. - The power conferred in this article does not prevent a...
Section 35-6-57 - Sale Instead of Partition - When Sale Ordered. - If, after a decree for partition and the appointment of...
Section 35-6-58 - Sale Instead of Partition - Property Subject to Sale; by Whom Application Made; Where Sale Held; Record of Decrees. - Any property, real or personal, held by joint owners or...
Section 35-6-59 - Sale Instead of Partition - Time for Hearing. - Upon the filing of such application, setting forth that the...
Section 35-6-60 - Sale Instead of Partition - Notice of Hearing; Guardians Ad Litem; Nonresidents as Parties. - All parties in interest must have at least 10 days'...
Section 35-6-61 - Sale Instead of Partition - Evidence. - Evidence in support of such application must be taken as...
Section 35-6-62 - Sale Instead of Partition - Decree and Orders; Appointment of Commissioner; Conduct of Sale. - If, upon the hearing, the court is satisfied from the...
Section 35-6-63 - Sale Instead of Partition - Payment and Distribution of Purchase Money. - Such commissioner may discharge himself from all liability for money...
Section 35-6-64 - Sale Instead of Partition - Completion of Sale by Substitute Commissioner. - If the commissioner dies, resigns or neglects or refuses to...
Section 35-6-65 - Article Applicable to Executors or Administrators of Deceased Parties. - Should any of the parties interested in property, real or...
Section 35-6-66 - Article Not Applicable to Partition of Crops. - The provisions of this article are not applicable to the...
Article 4 - Sale of Land of Minors and Insane Persons for Distribution Among Joint Owners.
Section 35-6-80 - When and by Whom Sale Made. - In all cases in which any person of unsound mind...
Section 35-6-81 - Report of Sale by Guardian to Court. - Within three months after making any such sale, such guardian...
Section 35-6-82 - Time and Notice of Hearing. - Upon the filing of such report the court must appoint...
Section 35-6-83 - Guardian Ad Litem. - The court must appoint a guardian ad litem to represent...
Section 35-6-84 - Contest by Custodian and Next of Kin. - The person in whose custody such ward is must be...
Section 35-6-85 - Conduct of Hearing Generally; Order Confirming Sale. - On the day appointed for such hearing, or on any...
Section 35-6-86 - Multiple Sales. - Two or more sales of the interest of a ward...
Section 35-6-87 - Report of Payment; Order for Conveyance. - Within 30 days after receiving full payment for the interest...
Section 35-6-88 - Conveyances to Be Presented to Court; Certificate; When Conveyance Vacated. - Every conveyance made under the provisions of this article shall,...
Section 35-6-89 - Sale Void Unless to Advantage of Ward and Confirmed by Court. - (a) If, on the hearing of the report of sale...
Section 35-6-90 - Limitation on Guardian's Authority; Authority of Successor. - The authority conferred under the provisions of this article shall...
Section 35-6-91 - Provisions of Article Not Exclusive. - The provisions of this article shall not be exclusive of...
Article 4A - Purchase of Interest of Joint Owner Filing for Partition.
Section 35-6-100 - Court to Provide for Purchase of Filing Joint Owners' Interests; Notice by Prospective Purchasers. - Upon the filing of any petition for a sale for...
Section 35-6-101 - Appointment of Appraisers; Report. - In such circumstances as described in section 35-6-100, and in...
Section 35-6-102 - Payment of Appraised Value Into Court; Time Period; Transfer of Title. - After the report of the appraisers or commissioners, the tenants...
Section 35-6-103 - Effect of Failure to Pay Purchase Price. - Should the joint owners or tenants in common fail to...
Section 35-6-104 - Costs of Appraisal. - The costs of the appraisers or commissioners shall be taxed...
Article 5 - Partition of Crops.
Section 35-6-110 - Crops Subject to Partition; by Whom Application Made. - Matured crops of corn, cotton, or other produce, raised and...
Section 35-6-111 - Contents of Application. - Such application must set forth the names, ages, and places...
Section 35-6-112 - Time for Hearing; Guardians Ad Litem. - Upon the filing of such application, a day must be...
Section 35-6-113 - Notice. - Notice of such application, and of the day appointed for...
Section 35-6-114 - When Sheriff Ordered to Take Possession of Crops; Forthcoming Bond. - (a) If, at the time of filing such application, or...
Section 35-6-115 - Decree of Partition or Sale; Effect on Existing Liens. - (a) If, on the hearing, the court is satisfied from...
Section 35-6-116 - Sale by Sheriff; Distribution of Proceeds by Probate Judge. - If the crops are ordered sold, the judge of probate...
Section 35-6-117 - Appointment and Duties of Commissioners Generally; Oath; Return; Seizure of Crops. - If a division of the crops is decreed, the judge...
Section 35-6-118 - Sale When Partition Impracticable. - If the commissioners find it impracticable to make division of...
Section 35-6-119 - Replacement of Commissioners Upon Failure to Act. - If any of the commissioners for any cause fail to...
Section 35-6-120 - Objections to Commissioners' Report; Confirming or Setting Aside Report. - Any of the parties may file objections to the report...
Section 35-6-121 - Delivery of Shares. - If all the parties consent in writing, the sheriff, immediately...
Section 35-6-122 - Trial by Jury. - Either party shall be entitled to a trial by jury,...
Section 35-6-123 - Costs and Fees. - The probate court may tax the costs against the unsuccessful...
Section 35-6-124 - Appeals. - Any of the parties, within 10 days thereafter, may appeal...
Section 35-6-125 - Recordation of Papers. - All papers connected with the proceedings shall be filed, but...
Section 35-6-126 - Article Applicable to Assignees; Remedy Not Exclusive. - The provisions of this article shall apply to the assignee...