PARTITION AND SALE OF REAL ESTATE
21-45-1 Property subject to partition or sale--Persons entitled to bring action.
21-45-2 Consent by conservator to partition without action.
21-45-3 Persons to whom summons directed--General direction to unknown persons.
21-45-4 Grantees and lien holders need not be joined unless claim recorded.
21-45-5 Service of summons--Description included when served by publication.
21-45-6 Interests of parties set forth in complaint--Allegations as to unknown and contingent interests.
21-45-7 Lis pendens notice required--Constructive notice.
21-45-8 Lien holders and encumbrancers of record joined by order of court--Referee to determine status of liens and encumbrances.
21-45-9 Notice to lien holders to appear before referee--Service of notice--Report of referee.
21-45-10 Validation of prior appearances by personal representatives.
21-45-11 Contents of answer.
21-45-12 Trial and determination of rights of parties in property--Rights of unknown persons.
21-45-13 Abstract of title or title insurance policy--Notice of availability--Custody and inspection--Allowance as costs.
21-45-14 Interest allowed on disbursements directed by court.
21-45-15 Order directing partition of property--Referees appointed.
21-45-16 Partition by original cotenancies--Further partition or cotenancy.
21-45-17 Partition according to respective rights of parties--Surveys and landmarks.
21-45-18 Road or street set aside before partition or sale.
21-45-19 Unequal division with compensatory payments between parties.
21-45-20 Report of referees on partition made.
21-45-21 Expenses and fees apportioned among parties.
21-45-22 Court action on referees' report--Appointment of new referees.
21-45-23 Judgment of partition--Persons bound by judgment.
21-45-24 Costs apportioned among parties by judgment--Lien and execution against property--Expense of litigation between some of parties.
21-45-25 Tenants for years not affected by judgment.
21-45-26 Judgment survives death of party.
21-45-27 Lien on undivided interest chargeable to share allocated--Partition costs preferred.
21-45-28 Sale ordered when partition not practical--Appointment of referees.
21-45-29 Estate for life or years set off in part of property not sold.
21-45-30 Sale at public auction to highest bidder--Publication of notice of sale.
21-45-31 Order for sale at site of property--Reservation of power to receive higher bid at hearing.
21-45-32 Credit terms ordered by court and announced at sale--Separate sale of distinct tracts.
21-45-33 Referees and conservators disqualified from purchasing at sale.
21-45-34 Purchase by cotenant or lien holder.
21-45-35 Payment to guardian of proceeds of sale.
21-45-36 Undertaking required of conservator receiving proceeds of sale.
21-45-37 Security taken by referees delivered to parties for agreed or adjudicated shares--Filing of agreement and receipt.
21-45-38 Separate securities taken in names of parties by referees.
21-45-39 Distribution by referees of proceeds of sale--Payment into court.
21-45-40 Clerk of courts to take and hold security and investment of proceeds.
21-45-41 Report of sale filed with clerk of courts--Contents.
Exceptions to return of sale--Order fixing time and place for hearing. 21-45-43
Higher and better bid filed before confirmation of sale. 21-45-44
Sale not confirmed if higher and better bid filed--Successive bids at hearing--Order directing conveyance to highest bidder. 21-45-45
Confirmation ex parte when no exceptions or higher bids filed--Order for conveyance. 21-45-46
Sale valid from time of confirmation--Recording of certified copy of order. 21-45-47
Validation of prior proceedings in which sales confirmed--Rights barred by no action. 21-45-48
Recording of conveyance--Persons barred by recorded conveyance. 21-45-49
Disposition of proceeds directed by order confirming sale. 21-45-50
Continuation of action between parties when proceeds of sale paid into court--Hearing of further testimony. 21-45-51
Application of proceeds of sale of encumbered property. 21-45-52
Lien holder required to resort to other secured property. 21-45-53
Compensation of tenant for life or years--Consent or adjudication of amount payable--Protection of unknown tenant. 21-45-54
Compensation for future estate--Payment or investment of compensatory share. 21-45-55
Investment of proceeds of sale for unknown or nonresident owner. 21-45-56
Receipt and deposit by clerk of courts of securities and investments for parties--Accounting.
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