If, after a judgment for partition and the appointment of masters, it shall appear from the report of the masters, or on exceptions to their report, that a just and equal division of the land cannot be made, or that a sale will better promote the interest of all the cotenants, the court shall order a sale of the land, or such part thereof as may be deemed proper, and a division of the proceeds among those interested, as provided for.
Before the court shall order a sale of the lands, the court may cause an appraisal to be made of the property, the expense of which shall be taxed and collected as costs in the proceedings. If the court causes an appraisal of the property to be made, then, subsequent to the receipt and filing of the appraisal with the court, the court shall hold in abeyance its order for sale of the land for a period of thirty (30) days in order to allow the parties the opportunity to reach an agreement as to a partition in kind or sale of the lands.
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