Order of sale may be had without the appointment of commissioners, when — special commissioner, duty and power of.

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Effective - 28 Aug 1939

528.550. Order of sale may be had without the appointment of commissioners, when — special commissioner, duty and power of. — If, in any case, from the nature and amount of the property sought to be divided, and the number of the owners it shall be apparent to the court that the assignment of dower, if any, and partition thereof, in kind, cannot be made without great prejudice to the owners, an order of sale may be made, without the appointment of commissioners; and if the sale be made by a special commissioner, he may, if he deem it beneficial to the parties interested, divide the land ordered to be sold into lots, and lay out avenues, streets, lanes or alleys, and in such case he shall sell only the lots, and not such parts as were laid out in avenues, streets, lanes or alleys; in case the commissioner subdivides, it shall be his duty, before sale, to file in the court a plat of such subdivisions.

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(RSMo 1939 § 1763)

Prior revisions: 1929 § 1599; 1919 § 2047; 1909 § 2612


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