§ 28-39-306 — Sale of property indivisible without prejudice

In proceedings in the circuit court for the allotment of dower or curtesy, when it appears to the court that dower or curtesy cannot be allotted out of the real estate without great prejudice to the surviving spouse or heirs and that it will be most to the interest of the parties that the real estate may be sold, the court may decree a sale of the real estate free from the dower or curtesy and decree that a portion of the proceeds may be paid to the surviving spouse in lieu of the dower or curtesy or interest otherwise secured to the surviving spouse as to the court may seem equitable and just.

Legislative History

Acts 1873, No. 53, § 10, p. 113; C. & M. Dig., § 3534; Pope's Dig., § 4419; Acts 1981, No. 714, § 59; A.S.A. 1947, § 62-717.