2005 North Carolina Code - General Statutes Article 4 - Partition of Personal Property.

Article 4.

Partition of Personal Property.

§ 46‑42.  Personal property may be partitioned; commissioners appointed.

When any persons entitled as tenants in common, or joint tenants, of personal property desire to have a division of the same, they, or either of them, may file a petition in the superior court for that purpose; and the court, if it think the petitioners entitled to relief, shall appoint three disinterested commissioners, who, being first duly sworn, shall proceed within 20 days after notice of their appointment to divide such property as nearly equally as possible among the tenants in common, or joint tenants. (1868‑9, c. 122, s. 27; Code, s. 1917; Rev., s. 2504; C.S., s. 3253.)

 

§ 46‑43.  Report of commissioners.

The commissioners shall report their proceedings under the hands of any two of them, and shall file their report in the office of the clerk of the superior court within five days after the partition was made. (1868‑9, c. 122, s. 28; Code, s. 1918; Rev., s. 2505; C.S., s. 3254.)

 

§ 46‑43.1.  Confirmation; impeachment.

If no exception to the report of the commissioners making partition is filed within 10 days the report shall be confirmed. Any party, after confirmation, shall be allowed to impeach the proceeding for mistake, fraud or collusion, by petition in the cause, but innocent purchasers for full value and without notice shall not be affected thereby. (1953, c. 24.)

 

§ 46‑44.  Sale of personal property on partition.

If a division of personal property owned by any persons as tenants in common, or joint tenants, cannot be had without injury to some of the parties interested, and a sale thereof is deemed necessary, the court shall order a sale to be made as provided in Article 29A of Chapter 1 of the General Statutes. (1868‑9, c. 122, s. 29; Code, s. 1919; Rev., s. 2519; C.S., s. 3255; 1949, c. 719, s. 2.)

 

§§ 46‑45 through 46‑46.  Repealed by Session Laws 1949, c. 719, s. 2.