...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, or any part of it, is so situated that partition cunuot be made without great prejudice to the owners, the court may order a sale thereof. Otherwise,...

...proof. 2. Under the direct provision of Codo Civ. Proc. § 1355, where property is so situated tlmt partition cannot be made without great prejudice to the owners, the court may order a sale thereof. 3. Under the direct provision of Code Civ. Proc. § 1342, the wife of defendant, having an inchoate...

...evidence order a sale or without such allegation in the complaint, to the satisfaction appoi'nTr'fcrce* of the court, that the property, or any part of it, is so sit- therefor uated that the partition cannot be made without great prejudice to the owners, the court...

...estate therein, but in such an action the property can be sold, and if it appears at any stage thereof that partition cannot be made without great prejudice to the owners the complaint must be dismissed, such a dismissal does not affect the right of any party to bring any action...

...the property when it appears to the satisfaction of the Court, by the evidence, that the premises are so situated that partition cannot be made without great prejudice to the owners. (Pr. Act, Sec. 275.) "In general, a partition should be denied rather than a sale. The latter course...

...§ 5785 ; 76 Ark. 146, 150; 77 Ark. 320. Unless the commissioners' report shows that the lands "are so situated" that partition cannot be made without great prejudice to the owners, and the court is satisfied that such report is correct, it is not authorized to order a sale. The sole...

...5785, providing that where the commissioners in a partition suit report that partition of the land cannot be made without great prejudice to the owners, the court may, if satisfied that such report is correct, order the land sold and distribute the proceeds, does not...

...tlio evidence without such allegation iu tlio complaint to the satisfaction of the court, that tho property or any part, of it is so situated that partition cannot bo nindu without great prejudice to the owners, the court may order a sale thereof; otherwise, upon...

...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 complaint must be dismissed. " Under this section it must be obvious that the complaint before us,...

...to the owners." Section 752. Section 7C3 provide« that, "If it appear by the evidence. * • • to the satisfaction of the court, that the property,...great prejudice to the owners, the court may order a unie thereof; otherwise, upon the requisite proofs being made, it must order a partition according...