In every case, the court will mold its decree to meet the general justice and equity of each cotenant and in its discretion may postpone or deny either a partition or a sale if it appears that the present or prospective interest of any cotenant may not be protected thereby.
(Orig. Code 1863, § 3117; Code 1868, § 3129; Code 1873, § 3185; Code 1882, § 3185; Civil Code 1895, § 4785; Civil Code 1910, § 5357; Code 1933, § 85-1502.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 27A Am. Jur. 2d, Equity, § 1.
C.J.S.- 68 C.J.S., Partition, § 72.
ALR.
- Power to decree pecuniary sum as equality in order to equalize shares of parties in partition, 65 A.L.R. 352.
Power of guardian to agree to, or of court to approve, voluntary partition between infant or incompetent and cotenant, 157 A.L.R. 755.
Acquisition by one party pending partition suit of all outstanding joint or common interests as affecting power of court to determine questions of controverted title, remove clouds on title, etc., 162 A.L.R. 227.
Allowance and apportionment of counsel fee in partition action or suit, 94 A.L.R.2d 575.