Treatment of Extraordinary Cases; Denial of Sale or Partition

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In any extraordinary case not covered by Code Sections 44-6-160 through 44-6-169, the court may frame its proceeding and order so as to meet the exigency of the case without forcing the parties into equity; and the court may deny a sale or partition altogether if it is manifest that the interest of each party will not be fully protected.

(Orig. Code 1863, § 3906; Code 1868, § 3930; Code 1873, § 4006; Code 1882, § 4006; Civil Code 1895, § 4796; Civil Code 1910, § 5368; Code 1933, § 85-1514.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 59A Am. Jur. 2d, Partition, §§ 64, 65.

C.J.S.

- 68 C.J.S., Partition, § 24.

ALR.

- Right of judgment creditor of cotenant to maintain partition, 25 A.L.R. 105.

Probate of will as condition precedent to suit for partition by devises, 141 A.L.R. 1311.

Power of guardian to agree to, or of court to approve, voluntary partition between infant or incompetent and cotenant, 157 A.L.R. 755.


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