§ 46-13. Partition where shareowners unknown or title disputed; allotment of shares in common.
§46‑13. Partition where shareowners unknown or title disputed; allotmentof shares in common.
If there are any of thetenants in common, or joint tenants, whose names are not known or whose titleis in dispute, the share or shares of such persons shall be set off together asone parcel. If, in any partition proceeding, two or more appear as defendantsclaiming the same share of the premises to be divided, or if any part of theshare claimed by the petitioner is disputed by any defendant or defendants, it shallnot be necessary to decide on their respective claims before the court shallorder the partition or sale to be made, but the partition or sale shall bemade, and the controversy between the contesting parties may be afterwardsdecided either in the same or an independent proceeding. If two or more tenantsin common, or joint tenants, by petition or answer, request it, thecommissioners may, by order of the court, allot their several shares to them incommon, as one parcel, provided such division shall not be injurious ordetrimental to any cotenant or joint tenant. (1868‑ 9, c. 122, s. 3;Code, s. 1894; 1887, c. 284, ss. 2, 4; Rev., ss. 2491, 2511; C.S., s. 3225;1937, c. 98.)