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Miss. Code Ann. § 11-21-11

Court may order sale in first instance

Applied in 14 court decisions — leading case 603 So. 2d 287 - Shaw v. Shaw (1992)

Most recently applied in Robert E. Coleman v. Beverly Lynn Coleman (January 2016)

Codes, 1871, § 1829; 1880, § 2559; 1892, § 3100; 1906, § 3524; Hemingway’s 1917, § 2836; 1930, § 2924; 1942, § 965; Laws, 1958, ch. 251; Laws, 1984, ch. 437, § 1; Laws, 1991, ch…

How often courts cite this section

1985199020002010201620
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

If, upon hearing, the court be of the opinion that a sale of the lands, or any part thereof, will better promote the interest of all parties than a partition in kind, or if the court be satisfied that an equal division cannot be made, it shall order a sale of the lands, or such part thereof as may be deemed proper, and a division of the proceeds among the cotenants according to their respective interests. The court may appoint a master to make the sale, and may make all proper orders to protect the rights of the parties interested. The court may order the sale of a part of the land and the partition in kind of the residue.

Before the court shall order a sale of the lands, the court may cause an appraisal to be made of the property, the expense of which shall be taxed and collected as costs in the proceedings. If the court causes an appraisal of the property to be made, then, subsequent to the receipt and filing of the appraisal with the court, the court shall hold in abeyance its order for sale of the land for a period of thirty (30) days in order to allow the parties the opportunity to reach an agreement as to a partition in kind or sale of the lands.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.