The plaintiff shall cause a notice to be served a reasonable time previous to the day for appearance before the master appointed, as provided in NRS 39.100, on each person having outstanding liens of record who is not a party to the action, to appear before the master at a specified time and place, to make proof, by the person’s own affidavit or otherwise, of the true amount due or to become due, contingently or absolutely thereon. In case such person be absent, or the person’s residence be unknown, service may be made by publication of notice to the person’s agents, under the direction of the court, in such manner as may be proper. The report of the master thereon shall be made to the court, and shall be confirmed, modified or set aside and a new reference ordered, as the justice of the case may require.
[1911 CPA § 595; RL § 5537; NCL § 9084]
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.