The rights of the several parties, plaintiffs as well as defendants, may be put in issue, tried and determined in such suit, and where a defendant fails to answer, or where a sale of the property is necessary, the title shall be ascertained by proof to the satisfaction of the court, before the decree for partition or sale is given.
[Code 1881 § 558; 1877 p 118 § 563; 1869 p 134 § 511; RRS § 844.]