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" If it be alleged in the complaint and established by evidence, or if it appear by the evidence without such allegation in the complaint to the satisfaction of the court, that the property or any part of it is so situated that partition cannot be made... "
The California Practice Act: Being an Act Entitled "An Act to Regulate ... - Seite 157
von California - 1858 - 302 Seiten
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The Revised Statutes of the State of New-York: Passed During the ..., Band 2

New York (State) - 1829 - 878 Seiten
...wise, that the premises, or any part of them are so circumstanced that a partition thereof can not be made without great prejudice to the owners, the court may order a sale of such premises at public auction, by one of the masters, upon the same notice as herein before directed...
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The Revised Statutes of the State of New-York: Passed During the ..., Band 2

New York (State) - 1829 - 882 Seiten
...wise, that the premises, or any part of them are so circumstanced that a partition thereof can not o a purchaser of any real estate, it shall be the duty of the complainor' of such premises at public auction, by one of the masters, upon the same notice as herein before directed...
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A Treatise Upon the Practice of the Court of Chancery: With an ..., Band 2

Murray Hoffman - 1839 - 330 Seiten
...or otherwise, that the premises, or any part of them, are so circumstanced that a partition thereof cannot be made without great prejudice to the owners, the court may order a sale of such premises at public auction, by one of the masters, upon the same notice as herein before directed...
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Acts of the Legislature of the State of Michigan

Michigan - 1840 - 840 Seiten
...•"•oni10ter, or otherwise, that the premises, or any part of them, are so situated that a partition thereof cannot be made without great prejudice to the owners, the court may order a sale of euch premises at public auction, by one of the masters, upon such notice, as is directed in sales...
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Public and Local Acts of the Legislature of the State of Michigan

Michigan - 1841 - 434 Seiten
...•esonnoter, or otherwise, that the premises, or any part of them, are so situated that a partition thereof cannot be made without great prejudice to the owners, the court may order a sale of such premises at public auction, by one of the masters, upon such notice, as is directed in sales...
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The Code of Civil Procedure of the State of New York: Reported ..., Band 2

New York (State). - 1850 - 920 Seiten
...partition or sale is given. § 927. If it be alleged in the complaint, and established by evidence, to the satisfaction of the court, that the property or...to the owners, the court may order a sale thereof, and for that purpose may appoint one or more referees. Otherwise, upon the requisite proofs being made,...
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - 1850 - 898 Seiten
...purpose may appoint one or more referees. Otherwise, upon the requisite proofs being made, it must order a partition, according to the respective rights of the parties, as ascertained by the court, and appoint three referees therefor ; and must designate the portion to remain undivided, for...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 Seiten
...established by evidence, or if it appear by the evidence without such allegation, in the complaint, to the satisfaction of the court, that the property,...respective rights of the parties, as ascertained by the court, and appoint three referees therefor ; and shall designate the portion to remain undivided for...
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A Treatise on the Practice of the Supreme Court of the State of New ..., Band 2

Claudius L. Monell - 1854 - 508 Seiten
...report of a referee, or otherwise, that the premises, or any part of them, are so circumstanced that a partition cannot be made without great prejudice to the owners, the court may order a sale thereof at public auction, by a referee, upon the same notice and in the manner as is required on sales by...
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The Statutes of Oregon: Enacted, and Continued in Force, by the Legislative ...

Oregon - 1855 - 670 Seiten
...established by evidence, or if it appear by the evidence without such allegation in the complaint, to the satisfaction of the court, that the property or...to the owners, the court may order a sale thereof) and for that purpose may appoint one or more referees. Otherwise, upon the requisite proofs being made,...
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