§ 34-15-16. Order of sale.
In an action for partition, the superior court may, in its discretion, upon motion of any party to the action, order the whole premises sought to be divided, or any particular lot, portion, or tract thereof or the interest of the plaintiff or plaintiffs or of the defendant or defendants in the whole premises, or in any particular lot, portion, or tract thereof, to be sold, either at public auction or by private contract, under the direction of the court, by the commissioner or commissioners appointed to divide or sell the same; provided, that if the sale is made by private contract, it shall not be made for less than the sum fixed by the court in its decree authorizing the sale by private contract.
History of Section.G.L. 1896, ch. 265, § 16; C.P.A. 1905, § 1220; G.L. 1909, ch. 330, § 16; P.L. 1914, ch. 1084, § 1; G.L. 1923, ch. 381, § 16; G.L. 1938, ch. 586, § 16; G.L. 1956, § 34-15-16.
Structure Rhode Island General Laws
Section 34-15-1. - Cotenants of estates of inheritance.
Section 34-15-2. - Cotenants of estates for life or years.
Section 34-15-3. - Cotenants of estates of inheritance and for life or years.
Section 34-15-4. - Action by executor or administrator as tenant in common.
Section 34-15-5. - Joinder of reversioner or remainderman with tenant for life or years.
Section 34-15-6. - Venue when land situated in two (2) or more counties.
Section 34-15-7. - Notice to absent or unknown parties.
Section 34-15-8. - Notice to absentee by service on tenant in possession.
Section 34-15-9. - Continuance on failure of absentee to appear — Appointment of agent.
Section 34-15-10. - Summons of party omitted from original process.
Section 34-15-11. - Appointment of guardian ad litem.
Section 34-15-12. - Death of party — Substitution of heirs or devisees.
Section 34-15-13. - Voluntary appearance by heirs or devisees of deceased party.
Section 34-15-14. - Joint or several answers.
Section 34-15-15. - Order to set off share of party.
Section 34-15-16. - Order of sale.
Section 34-15-17. - Sale binding on parties to action.
Section 34-15-18. - Division of proceeds of sale — Share set aside for absent or unknown parties.
Section 34-15-19. - Adjudication of all claims.
Section 34-15-21. - Title vested by sale — Investment for benefit of reversioner or remainderman.
Section 34-15-22. - Apportionment of costs.
Section 34-15-23. - Costs as lien on property.
Section 34-15-24. - Appointment of persons to make partition.
Section 34-15-25. - Partition by persons appointed.
Section 34-15-26. - Notice by commissioners nonresidents and to absent or unknown parties.
Section 34-15-27. - Report of commissioners — Judgment — Recording.