60-1003.Partition.(a) Petition. (1) When the object of the action is to effect apartition of personal or real property or an estate or interest created byan oil, gas or mineral lease or an oil or gas royalty, the petition mustdescribe the property and the respective interests of the owners thereof,if known.
(2) If the number of shares or interests is known, but the ownersthereof are unknown, or if there are, or are supposed to be, any interestswhich are unknown, contingent or doubtful, these facts must be set forth inthe petition with reasonable certainty.
(3) Persons claiming or having a specific or general lien upon all orany portion of the property, may be made parties.
(4) An allegation of ownership of an interest implies an allegation ofright to possession of the property, and it is not necessary to claim theremedy of ejectment in an action for partition.
(b) Answer. The answers of the defendants shall include allegationsof the nature and extent of their respective interests. They may also denythe interests of any of the plaintiffs, or any of the defendants. Any claimof adverse possession shall be affirmatively pleaded and the burden ofproving the same is on the defendant.
(c) Procedure. (1) Order of partition. The judge shall firstdetermine and make an order specifying the interest of the respectiveparties and directing partition.
(2) Commissioners. Upon making an order of partition, the judgeshall appoint three (3) commissioners to partition the property among theparties according to their respective interests, but if such partitioncannot be made without manifest injury, or is for any reason impracticable,the commissioners shall appraise the value of the property, valuing eachtract separately, if more than one, and report their conclusions to thecourt.
(3) Exceptions to commissioner's report. Any party may fileexceptions to the commissioners' report and the judge may, after hearingwith reasonable notice to all parties affected approve or disapprove thesame, or make such modifications as justice and equity may require,including an order requiring specific portions of the property to beawarded to specific parties, or direct such further proceedings as the judge deemsequitable, but if no exceptions are filed to the commissioners' report asto division in kind the judge shall so enter judgment in accordance withthe report.
(4) Election or sale. Where the property is not subject topartition in kind, any one or more of the parties may elect within a timeso fixed by the judge to take the property or any separate tract at theappraised value, but if none of the parties elect to so take the property,or two or more elect to so take, in opposition to each other, the judgeshall order the sheriff to sell it in the manner provided for sale ofproperty on execution. No sale shall be made at less than two-thirds of thevaluation placed upon the property by the commissioners.
(5) Costs and fees. The court making partition shall tax the costs,attorney fees and expenses, including an allowance for preparation orbringing up to date of an abstract of title or title insurance to the realestate involved in the action, which may accrue in the action, andapportion the same among the parties according to their respectiveinterests, and may award execution therefor, as in other cases.
(d) General powers of judge. The court shall have full power tomake any order not inconsistent with the provisions of this article thatmay be necessary to make a just and equitable partition between theparties, and to secure their respective interests, or may refuse partitionif the same would result in extraordinary hardship or oppression.
60-1003.Partition.(a) Petition. (1) When the object of the action is to effect apartition of personal or real property or an estate or interest created byan oil, gas or mineral lease or an oil or gas royalty, the petition mustdescribe the property and the respective interests of the owners thereof,if known.
(2) If the number of shares or interests is known, but the ownersthereof are unknown, or if there are, or are supposed to be, any interestswhich are unknown, contingent or doubtful, these facts must be set forth inthe petition with reasonable certainty.
(3) Persons claiming or having a specific or general lien upon all orany portion of the property, may be made parties.
(4) An allegation of ownership of an interest implies an allegation ofright to possession of the property, and it is not necessary to claim theremedy of ejectment in an action for partition.
(b) Answer. The answers of the defendants shall include allegationsof the nature and extent of their respective interests. They may also denythe interests of any of the plaintiffs, or any of the defendants. Any claimof adverse possession shall be affirmatively pleaded and the burden ofproving the same is on the defendant.
(c) Procedure. (1) Order of partition. The judge shall firstdetermine and make an order specifying the interest of the respectiveparties and directing partition.
(2) Commissioners. Upon making an order of partition, the judgeshall appoint three (3) commissioners to partition the property among theparties according to their respective interests, but if such partitioncannot be made without manifest injury, or is for any reason impracticable,the commissioners shall appraise the value of the property, valuing eachtract separately, if more than one, and report their conclusions to thecourt.
(3) Exceptions to commissioner's report. Any party may fileexceptions to the commissioners' report and the judge may, after hearingwith reasonable notice to all parties affected approve or disapprove thesame, or make such modifications as justice and equity may require,including an order requiring specific portions of the property to beawarded to specific parties, or direct such further proceedings as the judge deemsequitable, but if no exceptions are filed to the commissioners' report asto division in kind the judge shall so enter judgment in accordance withthe report.
(4) Election or sale. Where the property is not subject topartition in kind, any one or more of the parties may elect within a timeso fixed by the judge to take the property or any separate tract at theappraised value, but if none of the parties elect to so take the property,or two or more elect to so take, in opposition to each other, the judgeshall order the sheriff to sell it in the manner provided for sale ofproperty on execution. No sale shall be made at less than two-thirds of thevaluation placed upon the property by the commissioners.
(5) Costs and fees. The court making partition shall tax the costs,attorney fees and expenses, including an allowance for preparation orbringing up to date of an abstract of title or title insurance to the realestate involved in the action, which may accrue in the action, andapportion the same among the parties according to their respectiveinterests, and may award execution therefor, as in other cases.
(d) General powers of judge. The court shall have full power tomake any order not inconsistent with the provisions of this article thatmay be necessary to make a just and equitable partition between theparties, and to secure their respective interests, or may refuse partitionif the same would result in extraordinary hardship or oppression.
60-1003.Partition.(a) Petition. (1) When the object of the action is to effect apartition of personal or real property or an estate or interest created byan oil, gas or mineral lease or an oil or gas royalty, the petition mustdescribe the property and the respective interests of the owners thereof,if known.
(2) If the number of shares or interests is known, but the ownersthereof are unknown, or if there are, or are supposed to be, any interestswhich are unknown, contingent or doubtful, these facts must be set forth inthe petition with reasonable certainty.
(3) Persons claiming or having a specific or general lien upon all orany portion of the property, may be made parties.
(4) An allegation of ownership of an interest implies an allegation ofright to possession of the property, and it is not necessary to claim theremedy of ejectment in an action for partition.
(b) Answer. The answers of the defendants shall include allegationsof the nature and extent of their respective interests. They may also denythe interests of any of the plaintiffs, or any of the defendants. Any claimof adverse possession shall be affirmatively pleaded and the burden ofproving the same is on the defendant.
(c) Procedure. (1) Order of partition. The judge shall firstdetermine and make an order specifying the interest of the respectiveparties and directing partition.
(2) Commissioners. Upon making an order of partition, the judgeshall appoint three (3) commissioners to partition the property among theparties according to their respective interests, but if such partitioncannot be made without manifest injury, or is for any reason impracticable,the commissioners shall appraise the value of the property, valuing eachtract separately, if more than one, and report their conclusions to thecourt.
(3) Exceptions to commissioner's report. Any party may fileexceptions to the commissioners' report and the judge may, after hearingwith reasonable notice to all parties affected approve or disapprove thesame, or make such modifications as justice and equity may require,including an order requiring specific portions of the property to beawarded to specific parties, or direct such further proceedings as the judge deemsequitable, but if no exceptions are filed to the commissioners' report asto division in kind the judge shall so enter judgment in accordance withthe report.
(4) Election or sale. Where the property is not subject topartition in kind, any one or more of the parties may elect within a timeso fixed by the judge to take the property or any separate tract at theappraised value, but if none of the parties elect to so take the property,or two or more elect to so take, in opposition to each other, the judgeshall order the sheriff to sell it in the manner provided for sale ofproperty on execution. No sale shall be made at less than two-thirds of thevaluation placed upon the property by the commissioners.
(5) Costs and fees. The court making partition shall tax the costs,attorney fees and expenses, including an allowance for preparation orbringing up to date of an abstract of title or title insurance to the realestate involved in the action, which may accrue in the action, andapportion the same among the parties according to their respectiveinterests, and may award execution therefor, as in other cases.
(d) General powers of judge. The court shall have full power tomake any order not inconsistent with the provisions of this article thatmay be necessary to make a just and equitable partition between theparties, and to secure their respective interests, or may refuse partitionif the same would result in extraordinary hardship or oppression.
