§ 18-60-414 — Appointment of commissioners

(a) (1) Whenever any judgment of partition shall be rendered, the court may, by rule or order, appoint not fewer than three (3) nor more than five (5) commissioners who are residents of the county in which the premises to be divided is situated to make the partition so adjudged, according to the respective rights and interests of the parties, as they were ascertained and determined by the court. (2) On such rule or order, the court shall designate the part or shares which shall remain undivided, if any, for the owners whose interest shall be unknown and not ascertained. (b) In case of death, resignation, neglect, or refusal to act of any of the commissioners to be appointed as aforesaid, before the duties, trust, and services required of them shall be completed, the court, or judge thereof in vacation, may appoint another commissioner, who shall be vested with the like powers and authority as if he or she had been originally appointed.

Legislative History

Rev. Stat., ch. 107, §§ 16, 38; C. & M. Dig., §§ 8101, 8102; Pope's Dig., §§ 10521, 10522; Acts 1983, No. 503, § 1; A.S.A. 1947, §§ 34-1815, 34-1816.