If one having a vested interest in real estate as tenant in common dies without a will and without known heirs partition proceedings may be maintained against unknown heirs without making the State a party to the action, and a sale and conveyance under a decree in the cause shall vest such interest as may be subject to escheat under the provisions of this chapter in the purchaser, provided that in such decree provisions be made for the payment of the divisible share of such deceased person in the proceeds of sale, if any, to the State Treasurer, to be paid into the State Treasury, subject to the right of the heir or heirs to recover such share by proper proceedings and on issue tried in the court of common pleas.
HISTORY: 1962 Code Section 10-2203; 1952 Code Section 10-2203; 1942 Code Section 8830; 1932 Code Section 8830; 1924 (33) 1090.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Section 15-61-11. Waiver of partition of land which is site of electric generating plant.
Section 15-61-20. Only parties to proceeding are affected by partition.
Section 15-61-30. State as owner of escheated interest is not necessary party.
Section 15-61-40. Validation of certain titles.
Section 15-61-50. Jurisdiction to partition in kind or by sale.
Section 15-61-100. Sale may be ordered without writ upon testimony taken.
Section 15-61-110. Attorneys' fees.
Section 15-61-310. Short title.
Section 15-61-320. Definitions.
Section 15-61-340. Service of pleading; notice by publication.
Section 15-61-350. Sale may be ordered without writ upon testimony taken.
Section 15-61-360. Determination of value of property.
Section 15-61-370. Cotenant requesting partition by sale.
Section 15-61-380. Partition in kind or by allotment.
Section 15-61-390. Determination of manifest prejudice or injury to cotenants as a group.
Section 15-61-400. Sale of heirs' property; open-market sale; sale by sealed bids.
Section 15-61-410. Report of broker appointed to offer heirs' property for open-market sale.