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.
Ala. Code § 35-6-57
Sale Instead of Partition - When Sale Ordered.
Applied in 1 court decision — leading case 215 W. Va. 331 - Ark Land Co. v. Harper (2004)
Most recently applied in 215 W. Va. 331 - Ark Land Co. v. Harper (July 2004)
(Code 1907, §5212; Code 1923, §9312; Code 1940, T. 47, §201.)
Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.