Instead of making an allotment of shares by ballot, the special commissioners may assign shares to the parties entitled, if so directed by the court or chancellor, or if they find it desirable, and in any case, if an equal partition in kind cannot be made otherwise, or so advantageously, the special commissioners may assess the amount of money to be paid by one or more of the cotenants to another or others, so as to equalize their respective shares.
Structure Mississippi Code
Title 11 - Civil Practice and Procedure
Chapter 21 - Partition of Property
§ 11-21-3. Partition by decree of chancery court
§ 11-21-5. Parties to proceedings for partition
§ 11-21-7. Proceedings same as in other cases; when ex parte petitions may be heard
§ 11-21-9. Controverted title and all equities disposed of
§ 11-21-11. Court may order sale in first instance
§ 11-21-13. Partition without masters; owelty
§ 11-21-15. Judgment appointing masters
§ 11-21-17. Oath of special commissioners
§ 11-21-19. Survey made and division into shares
§ 11-21-21. Allotment of shares by ballot
§ 11-21-23. Assignment of shares and owelty
§ 11-21-25. Report of special commissioners
§ 11-21-27. Land sold when not capable of division
§ 11-21-29. Compensation of masters
§ 11-21-35. Final judgment and judgment confirming partition
§ 11-21-37. Recording of judgments
§ 11-21-39. Lien created by party binding on his share
§ 11-21-41. Paramount rights not affected