The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1850-01-30
Of Ike partition Ct lands.

Sec 55 Where any lands heeditaments shall
be held in joint tenancy tenancy coparcenary
shall be lawful for of parties
present petition the district Of the county
which the premises situate describing petition
lands tcnements heredameus setting righ and
titles Of all the said parties therein any
such PARTIES or the share or quantity Of interest Of any one or
more parties unknown petitioner setting
in such Peon accompanied by affidavit that such petitioner
is ignorant Of the names rights or titles o such person or persons
may be, and BY said petition praying the
whom the shall be directed that the premises may be
divided b. commissioners to be appointed by the said
suaacc Of the directions Of this act.
S. copy Of such petition shall be served forty days
least previous which the shall presented
all the parties concerned in such lands hcreda
mens who shall oa the said pcicn. the guardians
Of such Minors together With notice subscribed by tie
petitioner and directed to each OF te sad parties Or their guar
iians aforesaid that application vii DC made te said
certain day term, be sPecicd tren
thereafter counsel can be heard tor the appointment Of
such aforcenorcd: Prodd That if ether
parties wcl1 notice a he directed shall reside
out OF this Territory or cannot be found therein or II case either
OF the parties interested in the premises shall be unknown the
petitioner, be made appear either case By affidavit then
and IN every cn case nseac q service q copy OF sGch Pe-
on and notice aforesaid such absent unknown party
parties It shall Be sufficient r the petitioner copy Of
such petition and notice be previously published for the space
o. three months every week. d TIC public
papers printed in the County which fae premises situate f
newspaper shall be published said county and
newspaper published in said county shall lie sufficient that
be published newspaper nted at the seat Of government,
which pull caton shall deemed notice such par
ties though all Of them shall have
tenoned therein; but nothing this proso shall prevent the per-
snal service Of copy G. the said eoion notice on any
party Territory, such service shah be deemed su-
cent the parties upon whom TIC shall have bccn made.
without an publication thereof as aforesaid
81. On presenting such petition, ard proof being made
by affidavit the satisfaction Of sand court that copies Of sn
petition duly served published aforesaid
the said shall by rule order tee interested the prem
ise nown appear and the said petition within
ihe usual allowed m pleading in said court and shall also BY
interest unknown rFear aIA show ,es the proportions
which they may claim Of the premises set forth in tie said pe,f
iion and the said petition wn the like time allowed
for pleading aforesaid; and such parties known any
of ie, such further e
may allow for the purpose appear ard the SAID petit
on and such Of the parties we're unnown at the time Of
petition within the time aforesaid allowed appear
aforesaid and plead the said pe
on declaation ard thereafter TIE shall IN
respects be conforrnab!c this ali the parties haa
originally named IN such petition and sucn uttEer PcadiDes
be hcreuPon had between the parties IcecFey accG:dS tC
the rules and practice Of SAID court other acons suits
depending therein until IL a fac. be jo
cd between the SAID parties or some q aeha ant
such Of the parties shall he SAID petition may plead
thereto tcncl ias and give an Pecal matter evidence
the said Plea which GIT oterso &c pleaded giving
said Plea the matters intended br
giyel in evidence all such shall be tried and the Ike
proceedings the tia thereof shall be had other
hc said court; and tic said shalt have power
trials IS in other ccscs; ard tic final determination of
Issues said shall and determine the
specvo rights Of tic parties such lands hsreta
and give Judgment that partition thereof be madc according
thereto O. uch q them as shall right therein
and if appear trial Of any issues
Judgment default confession Otherwise against
tho uartcs Is are known what part parties whete
unknown the said court. aid who shal ap
reared paaded the sad have the premises, then
shall be lawful for the court to Judgment that partition bI
asceTaned and the residue OF the said premises n
remain for parties unknown sect be divided betce
them upon application said court otherwise according
by of such parties any future ine; ard ac
Judgment aforesaid fau confession, ether
wise shall by rule appoint three reputable lreeoders
make the said partition quality and quantity
sidered according the respective rights ard interests Of III
parties adudged a;otead AID there shall be
owners interest shall be unknown The sha
designate and describe the portion foT such
PYorded, That such partition shall preciadc
not theren and who shall claim any rga title
premises question cn con,royerng the right
parties between whom such partition sha have been made
SEC So The commissioners to be appointed aforesaid shall
before they proceed 10 make such PARTITION be everay sworn
affirmed the may be before officer, honesty i'm
partially he trusts repoed them
for making partition Of lands
directed BY the which cath affirmation
and subscribed by the said and filed
the clerk Of the said court before making til
them o such pas.on hereinafter mentioned IL
said two OF them. ha forthwith proceed
make partition according TO the judgment Of the aad
thereof being made in writing by then
their hands and seals the said court
the Of executing their SAID and describing tie lar
divided and the shares allotted shall be directed b tic JUDI
of The