§ 35-6-58 — Sale Instead of Partition - Property Subject to Sale; by Whom Application Made; Where Sale Held; Record of Decrees

Any property, real or personal, held by joint owners or tenants in common, on the written application of any one or more of them, may be decreed to be sold by the probate court of the county in which such property is situated, or, in case of land lying in different counties, of either of such counties, whether such lands are adjacent or contiguous, when the same cannot be equitably divided or partitioned among them, notwithstanding they, or any of them, are infants or persons of unsound mind, and the application may be made by the executor or administrator of a deceased person in interest, or by the guardian of a minor or person of unsound mind. Such lands shall be sold in the county where the decree is rendered, unless otherwise directed by order of the court, upon rendition of the final decree ordering such sale. The decree of sale and the decree confirming the sale shall be recorded in all counties where any of the land is situate. A certified copy of such record of these decrees shall be admissible in and prima facie evidence of their contents in all the courts of this state.

Legislative History

(Code 1867, §3120; Code 1876, §3514; Code 1886, §3253; Code 1896, §3178; Code 1907, §5222; Acts 1923, No. 496, p. 659; Code 1923, §9322; Code 1940, T. 47, §210.)