 | 1883 - 662 Seiten
...actual division. The properly cannot be sold in Biicli an action, and if it appears nt any stage thereof that partition cannot be made without great prejudice to the owners the complaint must be dismissed. — Hughes etal. v. Hughes etal., 346. • See ASSESSMENTS, 11; LIEN,... | |
 | Montana (Ter.) - 1877 - 956 Seiten
...evidence, or if it appear by the evidence without such allegation in the complaint, to the satist'aition of the court, that the property, or any part of it,...prejudice to the owners, the court may order a sale court may thereof; otherwise, upon the requisite proof being made, partition it shall order a partition... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1904 - 598 Seiten
...satisfaction of the court that the property or any part thereof is so situated that the partition can not be made without great prejudice to the owners, the court may order a sale thereof; otherwise on the requisite proofs being made, it must order a partition according to the respective rights of... | |
 | United States. Supreme Court - 1878 - 858 Seiten
...appear by the evidence without such allegation in the complaint, to the satisfaction of the court, that partition cannot be made without great prejudice...the owners,, the court may order a sale thereof." Sect. 752 embodies the same principle. The complainant in this case makes the necessary allegation,... | |
 | California, Nathan Newmark - 1880 - 786 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...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,... | |
 | California, Nathan Newmark - 1880 - 768 Seiten
...established by evidence, or if it appear by the evidence without sucl allegation in the complaint to the satisfaction of the court that the property or any part of it is so situated that par tition cannot be made without great prejudice to thi owners, the court may order a sale thereof;... | |
 | New York (State) - 1880 - 832 Seiten
...therein. But in such an action the property cannot be sold; and if it appears, in any stage thereof, that partition cannot be made, without great prejudice to the owners, the com13 plaint must be dismissed. Such a dismissal does not affect the right of any party to bring a... | |
 | Idaho (Ter.) - 1881 - 588 Seiten
...evidence, or if it appear bv the evidence SSTherefor. 1 " without such allegation in the complaint, to the satisfaction of the Court, that the property,...prejudice to the owners, the Court may order a sale section, on each person having outstanding liens o record, who is not a party to the action, to appear... | |
 | 1884 - 948 Seiten
...established by evidence, or if it appears by the evidence, without such allegation in the complaint, to the satisfaction of the court, that the property,...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,... | |
 | 1917 - 1232 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,...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 beinç... | |
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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... 
