11-21-75 - By whom partition made, if ordered.
§ 11-21-75. By whom partition made, if ordered.
If partition be ordered, it shall be made by the county court or the justice of the peace, as the case may be, who shall value the property and divide it equally into as many shares as there are separate owners, and allot the several shares to the different owners after the manner prescribed for the proceeding of commissioners to make partition of real estate, as nearly as may be. A statement of such allotment shall be made by the county judge or the justice on his docket, so as to show what property was allotted to each party. The allotment shall vest the title of the property in the parties to whom it is allotted.
Sources: Codes, 1880, § 2581; 1892, § 3122; 1906, § 3545; Hemingway's 1917, § 2857; 1930, § 2944; 1942, § 985.