Court action on commissioners' report

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  1. (a) Upon a report of the divisions by the commissioners appointed for that purpose being returned, the court may confirm or set aside the report or remand it to the commissioners for correction.

  2. (b) Upon good cause shown by either party, on the report being made and returned to the circuit court, it may be set aside by the court, who may appoint new commissioners, who shall proceed in like manner as directed in § 18-60-415. The court shall not set aside a second report for the same cause for which the first report was set aside.

  3. (c)

    1. (1) If no cause is shown, the report shall be confirmed, and judgment shall thereupon be given that the partition be firm and effectual forever.

    2. (2) The judgment shall be binding and conclusive on all the parties to the proceedings, their representatives, and all other persons claiming under them by right derived after the commencement of the proceedings.


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