The rights of the several parties, plaintiffs as well as defendants, may be put to issue, tried and determined by such action; and when a sale of the premises is necessary, the title shall be ascertained by proof to the satisfaction of the court, before the judgment of sale shall be made; and where service of the complaint has been made by publication, like proof shall be required of the right of the absent or unknown parties before such judgment is rendered; except that where there are several unknown persons having an interest in the property, their rights may be considered together in the action, and not as between themselves.
[1911 CPA § 592; RL § 5534; NCL § 9081]
Structure Nevada Revised Statutes
Chapter 39 - Partition of Real Property and Mining Claims
NRS 39.010 - Actions for partition of real property; partial partition.
NRS 39.020 - Interests of all parties must be set forth in complaint.
NRS 39.030 - Lienholders not of record need not be made parties.
NRS 39.050 - Summons must be directed to all parties interested in property.
NRS 39.070 - Contents of answers.
NRS 39.100 - Lienholders must be made parties or master appointed.
NRS 39.110 - Lienholders must be notified to appear before master.
NRS 39.120 - Court may order sale or partition.
NRS 39.130 - Partition in accordance with rights of parties.
NRS 39.140 - Report of master’s proceedings regarding partition.
NRS 39.150 - Court may confirm or modify master’s report or appoint new master; conclusive judgment.
NRS 39.160 - Judgment not to affect tenants for years to whole property.
NRS 39.170 - Apportionment of expenses.
NRS 39.200 - Interest allowed on disbursements.
NRS 39.230 - Application of proceeds of sale of encumbered property.
NRS 39.240 - Lien claimant holding other securities may be required to exhaust them first.
NRS 39.250 - Distribution of proceeds of sale upon direction of court.
NRS 39.260 - Continuance for determination of claims to proceeds of sales.
NRS 39.290 - Acceptance of securities for purchase money.
NRS 39.300 - Tenant whose estate has been sold is entitled to receive compensation.
NRS 39.310 - Court may fix compensation for tenant.
NRS 39.320 - Court must protect unknown tenants.
NRS 39.330 - Court must secure value of future interests.
NRS 39.340 - Terms and manner of sale must be made known.
NRS 39.350 - Who may not be purchasers.
NRS 39.360 - Master to make report of sale to court; contents.
NRS 39.370 - Execution of conveyances and taking of securities after sale confirmed.
NRS 39.380 - Proceeding if party entitled to share or lienholder becomes purchaser.
NRS 39.390 - Recorded conveyances bar interested persons.
NRS 39.400 - Proceeds belonging to unknown owner must be invested.
NRS 39.410 - Investment must be made in name of clerk.
NRS 39.420 - When interests of parties ascertained, securities must be taken in their names.
NRS 39.430 - Duties of clerk concerning investments.
NRS 39.440 - When unequal partition is ordered, compensation to be made on account of inequality.
NRS 39.450 - Share of infant paid to guardian.
NRS 39.460 - Share of insane person to be received by guardian.
NRS 39.470 - Guardian may consent to partition without action and execute releases.
NRS 39.480 - Cost of partition is lien upon several shares.
NRS 39.490 - Court may appoint numerous masters upon request.
NRS 39.500 - Court may order master to divide mining claims.
NRS 39.510 - Time ordered for division.
NRS 39.520 - Division of claim.
NRS 39.530 - Parties may unite for purposes of division; order of court to govern.
NRS 39.540 - Portions sold at auction; master to mark off portions sold.
NRS 39.550 - Remaining parties have privilege of selection; interests marked off.
NRS 39.560 - Master to return evidences of authority with master’s report.
NRS 39.570 - Expenses of master and others apportioned among parties.
NRS 39.610 - "Ascendant" defined.
NRS 39.615 - "Collateral" defined.
NRS 39.620 - "Descendant" defined.
NRS 39.625 - "Determination of value" defined.
NRS 39.630 - "Heirs property" defined.
NRS 39.635 - "Partition by sale" defined.
NRS 39.640 - "Partition in kind" defined.
NRS 39.645 - "Record" defined.
NRS 39.650 - "Relative" defined.
NRS 39.655 - Applicability; relation to other law.
NRS 39.660 - Manner of service; notice by posting.
NRS 39.665 - Masters appointed by court.
NRS 39.670 - Determination of value.
NRS 39.680 - Partition alternatives.
NRS 39.685 - Considerations for partition in kind.
NRS 39.690 - Open-market sale; sale by sealed bids or auction.
NRS 39.695 - Report of open-market sale.
NRS 39.700 - Applying and construing Uniform Act to promote uniformity.
NRS 39.705 - Relation to Electronic Signatures in Global and National Commerce Act.