In making partition, the commissioners shall divide the premises and allot the several shares to the respective parties, quality and quantity relatively considered, according to the respective rights and interests of the parties as adjudged by the court, designating the several shares by posts, stones, marked trees, or other permanent monuments; and they may employ a surveyor, with the necessary assistants, to aid therein. The partition may be made by tracts, or by the division of each tract into shares, as may seem right to the commissioners and the court.
Code 1858, §§ 3281, 3288 (deriv. Acts 1815, ch. 123, § 1; 1817, ch. 41, § 3); Shan., §§ 5029, 5037; Code 1932, §§ 9184, 9192; T.C.A. (orig. ed.), § 23-2119.
Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 488.
Tennessee Jurisprudence, 20 Tenn. Juris., Partition, § 13.
Cited: McKenzie Banking Co. v. Couch, 332 S.W.3d 349, 2010 Tenn. App. LEXIS 328 (Tenn. Ct. App. May 12, 2010).