Alabama § 35-6-61 Sale Instead of Partition - Evidence

Alabama Statutes

§ 35-6-61 — Sale Instead of Partition - Evidence

Alabama § 35-6-61

Title 35Property

Ch. 6Partition

Art. 3Partition in Probate Court

This text of Alabama § 35-6-61 (Sale Instead of Partition - Evidence) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 35-6-61 (2026).

Text

Evidence in support of such application must be taken as in actions before the circuit court, and before granting the decree of sale the probate court must be satisfied from the evidence that an equitable division or partition cannot be made; and when the application is by the guardian of an infant or person of unsound mind, the court must be satisfied from the evidence that it would be to the interest of such infant, or person of unsound mind, to sell the property for the purpose of division or partition.

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Evidence in support of such application must be taken as in actions before the circuit court, and before granting the decree of sale the probate court must be satisfied from the evidence that an equitable division or partition cannot be made; and when the application is by the guardian of an infant or person of unsound mind, the court must be satisfied from the evidence that it would be to the interest of such infant, or person of unsound mind, to sell the property for the purpose of division or partition.