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11-21-3 - Partition by decree of chancery court.

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§ 11-21-3. Partition by decree of chancery court.Partition of land held by joint tenants, tenants in common, or coparceners, having an estate in possession or a right of possession and not in reversion or remainder, whether the joint interest be in the freehold or in a term of years not less than five (5), may be made by judgment of the chancery court of that county in which the lands or some part thereof, are situated; or, if the lands be held by devise or descent, the division may be ordered by the chancery court of the county in which the will was probated or letters of administration granted, although none of the lands be in that county. However, any person owning an indefeasible fee simple title to an undivided interest in land may procure a partition of said land and have the interest of such person set apart in fee simple free from the claims of life or other tenants, remaindermen or reversioners, provided the life or other tenants, and other known living persons having an interest in the lands, are made defendants if they do not join in the proceeding as plaintiffs. Sources: Codes, 1857, ch. 36, art. 48; 1871, § 1811; 1880, § 2553; 1892, § 3097; 1906, § 3521; Hemingway's 1917, § 2833;1930, § 2920; 1942, § 961; Laws,1946, ch. 317, § 1; Laws, 1991, ch. 573, § 48, eff from and after July 1, 1991.
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  • § 11-21-3. Partition by decree of chancery court.
     

    Partition of land held by joint tenants, tenants in common, or coparceners, having an estate in possession or a right of possession and not in reversion or remainder, whether the joint interest be in the freehold or in a term of years not less than five (5), may be made by judgment of the chancery court of that county in which the lands or some part thereof, are situated; or, if the lands be held by devise or descent, the division may be ordered by the chancery court of the county in which the will was probated or letters of administration granted, although none of the lands be in that county. 
     

    However, any person owning an indefeasible fee simple title to an undivided interest in land may procure a partition of said land and have the interest of such person set apart in fee simple free from the claims of life or other tenants, remaindermen or reversioners, provided the life or other tenants, and other known living persons having an interest in the lands, are made defendants if they do not join in the proceeding as plaintiffs. 
     

    Sources: Codes, 1857, ch. 36, art. 48; 1871, § 1811; 1880, § 2553; 1892, § 3097; 1906, § 3521; Hemingway's 1917, § 2833;  1930, § 2920; 1942, § 961; Laws,  1946, ch. 317, § 1; Laws, 1991, ch. 573, § 48, eff from and after July 1, 1991.
     

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