When the application for partition is made and when due proof is made that the notice required by Code Section 44-6-162 has been given, the court shall examine the petitioner's title and share of the premises to be partitioned and shall thereupon pass an order directing the clerk of the superior court to issue a writ of partition which shall be framed according to the nature of the case and directed to five freeholders of the county in which the lands are located who shall serve as partitioners; and the court shall execute and return the writ as provided in Code Section 44-6-164.
(Laws 1767, Cobb's 1851 Digest, p. 582; Laws 1827, Cobb's 1851 Digest, p. 583; Code 1863, § 3899; Code 1868, § 3923; Code 1873, § 3999; Code 1882, § 3999; Civil Code 1895, § 4789; Civil Code 1910, § 5361; Code 1933, § 85-1507.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 59A Am. Jur. 2d, Partition, § 90 et seq.
C.J.S.- 68 C.J.S., Partition, §§ 101, 103.
ALR.
- Probate of will as condition precedent to suit for partition by devisees, 141 A.L.R. 1311.
Partition: construction and application of provision for assignment, to one of co-owners, of real estate not readily divisible, 169 A.L.R. 862.