§ 32-16-09 — When partial partition adjudged

Whenever from any cause in the opinion of the court it is impracticable or highly
inconvenient to make a complete partition in the first instance among all the parties in interest,
the court first may ascertain and determine the shares or interests respectively held by the
original cotenants and thereupon adjudge and cause a partition to be made as if such original
cotenants were the parties and sole parties in interest and the only parties to the action, and
thereafter may proceed in like manner to adjudge and make partition separately of each share
or portion so ascertained or allotted as between those claiming under the original tenant to
whom the same shall have been so set apart, or may allow them to remain tenants in common
thereof as they may desire.