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2020 Code of Alabama
Title 35 - Property.
Chapter 6 - Partition.
Article 3 - Partition in Probate Court.
Section 35-6-57 - Sale Instead of Partition - When Sale Ordered.
Universal Citation: AL Code § 35-6-57 (2020)
Section 35-6-57
Sale instead of partition - When sale ordered.
If, after a decree for partition and the appointment of commissioners it shall appear from the report of the commissioners, or on exceptions to their report, that a just and equal division of the land cannot be made, or that a sale will better promote the interest of all the cotenants, the court shall order a sale of the land, or such part thereof as may be deemed proper, and a division of the proceeds among those interested, as provided for, and make an equitable partition as provided in this article of the land not sold.
(Code 1907, §5212; Code 1923, §9312; Code 1940, T. 47, §201.)
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