Chapter6. PARTITION.  


Article 1. General Provisions.
§ 35-6-1. Deposit of unclaimed money in county treasury; payment upon order of court.
Article 2. Partition in Circuit Court.
§ 35-6-20. Jurisdiction of circuit court to divide or sell for division.
§ 35-6-21. Interpleader.
§ 35-6-22. Duty of court to declare rights of parties.
§ 35-6-23. Determination of questions of title and adjustment of equities.
§ 35-6-24. Partition without commissioners; owelty.
§ 35-6-25. Service of process on certain parties defendant; guardian ad litem; judgment not affected by death of defendant; section cumulative.
Article 3. Partition in Probate Court.
§ 35-6-40. Property subject to partition; by whom application made.
§ 35-6-41. Partition of land lying partly in different counties.
§ 35-6-42. Contents of application.
§ 35-6-43. Time and place of hearing; notice; guardians ad litem; nonresidents as parties.
§ 35-6-44. Proceedings against unknown persons and certain other parties defendant.
§ 35-6-45. Decree for partition; appointment of commissioners; minors' interests considered.
§ 35-6-46. Oath of commissioners; duties generally.
§ 35-6-47. Notice of partition.
§ 35-6-48. Determination and statement by commissioners.
§ 35-6-49. Filing and recordation of application, etc.; record as evidence.
§ 35-6-50. Partition vests title; annulment by circuit court.
§ 35-6-51. Effect of partition on liens.
§ 35-6-52. Completion of partition by substitute commissioner.
§ 35-6-53. Fees of commissioners.
§ 35-6-54. Costs and expenses.
§ 35-6-55. Partition not made when adverse claim or title asserted.
§ 35-6-56. Remedy not exclusive.
§ 35-6-57. Sale instead of partition - When sale ordered.
§ 35-6-58. Sale instead of partition - Property subject to sale; by whom application made; where sale held; record of decrees.
§ 35-6-59. Sale instead of partition - Time for hearing.
§ 35-6-60. Sale instead of partition - Notice of hearing; guardians ad litem; nonresidents as parties.
§ 35-6-61. Sale instead of partition - Evidence.
§ 35-6-62. Sale instead of partition - Decree and orders; appointment of commissioner; conduct of sale.
§ 35-6-63. Sale instead of partition - Payment and distribution of purchase money.
§ 35-6-64. Sale instead of partition - Completion of sale by substitute commissioner.
§ 35-6-65. Article applicable to executors or administrators of deceased parties.
§ 35-6-66. Article not applicable to partition of crops.
Article 4. Sale of Land of Minors and Insane Persons for Distribution Among Joint Owners.
§ 35-6-80. When and by whom sale made.
§ 35-6-81. Report of sale by guardian to court.
§ 35-6-82. Time and notice of hearing.
§ 35-6-83. Guardian ad litem.
§ 35-6-84. Contest by custodian and next of kin.
§ 35-6-85. Conduct of hearing generally; order confirming sale.
§ 35-6-86. Multiple sales.
§ 35-6-87. Report of payment; order for conveyance.
§ 35-6-88. Conveyances to be presented to court; certificate; when conveyance vacated.
§ 35-6-89. Sale void unless to advantage of ward and confirmed by court.
§ 35-6-90. Limitation on guardian's authority; authority of successor.
§ 35-6-91. Provisions of article not exclusive.
Article 4A. Purchase of Interest of Joint Owner Filing for Partition.
§ 35-6-100. Court to provide for purchase of filing joint owners' interests; notice by prospective purchasers.
§ 35-6-101. Appointment of appraisers; report.
§ 35-6-102. Payment of appraised value into court; time period; transfer of title.
§ 35-6-103. Effect of failure to pay purchase price.
§ 35-6-104. Costs of appraisal.
Article 5. Partition of Crops.
§ 35-6-110. Crops subject to partition; by whom application made.
§ 35-6-111. Contents of application.
§ 35-6-112. Time for hearing; guardians ad litem.
§ 35-6-113. Notice.
§ 35-6-114. When sheriff ordered to take possession of crops; forthcoming bond.
§ 35-6-115. Decree of partition or sale; effect on existing liens.
§ 35-6-116. Sale by sheriff; distribution of proceeds by probate judge.
§ 35-6-117. Appointment and duties of commissioners generally; oath; return; seizure of crops.
§ 35-6-118. Sale when partition impracticable.
§ 35-6-119. Replacement of commissioners upon failure to act.
§ 35-6-120. Objections to commissioners' report; confirming or setting aside report.
§ 35-6-121. Delivery of shares.
§ 35-6-122. Trial by jury.
§ 35-6-123. Costs and fees.
§ 35-6-124. Appeals.
§ 35-6-125. Recordation of papers.
§ 35-6-126. Article applicable to assignees; remedy not exclusive.