, 1854-07-15

COMMISSIONER TO SELL REAL ESTATE.
Sec. 800 The several district courts
may whenever it is necessary, appoint a
commissioner to convey real estate.
lyt. When by judgment in an action
1 party is ordered to convey real property
70 another or any interest therein.
Cd. When real property or any interest
therein has been sold under a special order
ofeourt and the purchase money paid there
for.
Sec. SOL. The deed Of the commission
sr shall so refer to the Judgment authoriz-
ing the conveyance that the same may be
readily found, but need not recite the re-
cord in the case generally.
Sec. 392. A conveyance made in pur-
suance Of q judgment, shall pass to the
grantee the title Of the parties ordered to
convey the land. ... r-
Sec. 893. A conveyance made in pur-
saanee Of sale ordered by the court shall
pass to the grantee the title Of all the par
ties to the action or proceeding.
Sec. 394 A conveyance by commits
sioner shall not pass any right until it has
been examined and approved by the court,
which approval shall be endorsed on the
conveyance aud recorded with it.
Sec 395. 1t shall be sufficient for the
Conveyance to be signed by the commits
Sicner only, without afixing the names Of
the parties whose title is conveyed, but the
names Of the parties shall be recited in the
body Of the conveyance.
Sec. 1885, The conveyance shall be re-
corded in the Office in which by law it should
have been recorded, had it been made by
the parties whose title is conveyed by II.
Sec. S9T. In case Of judgment to
compel party to execute a conveyance Of
real estate, the court may enforce the judg-
ment by attachment or sequestration or ap-
point commissioner to make the convey
ance.
70 RECOVER THE POSSESSION OF REAL PROPER
IT AND TO DETERMINE coNFLcTING CLAIMS
THERETO.
Sec. 39S. Any person having q valid
subsisting interest in real property and q
rightto the possession thereof, may recover
the same by action in the District court Of
the proper county, to be brought against
the tenant in possession fihere is no such
tenant then against the person claiming the
title or some interest therein.
Sec, 399. Whenever it appears that
The defendant is only tenant, the landlord
may be substituted, reasonable notice there.
ofbeing given. g. ...
j, SEQ. 400 In an action by tenant in
common or joint tenant Of real property
against his co-tenant, the plaintiff must
show in addition to his evidence of right
that the defendant either denied the plain.
tfs right or did some act amounting to
meh denial
PARTI1Iox OF REAL ESTATE.
Sec. l0l. Action may be brought in
The district court Of the proper county for
the partition Of real property, held or pos
sossed by joint tenants or tenants in com
mon or for the special assignment or deter.
nination Of any right or interest therein by
any person interested.
Sec 400. The complaint shall conform
= far as is practicable to the provisions ol
law regulating the practice in civil actions
and the court may require and cause to be
made BY order partition Of the premises
ora special assignment Of the interest, OF
u case the partition or assignment is i'm
praeecable may order sale Of the proper
y and division Of the proceeds, and shall
IN al respects adjudge as the natura Of ca
~ may require.
IoR WASTE.
sec IoS. Wrongs heretofor remedis
he By action Of waste shall be subjects o.
action asother wrongs in which there may
b Judgment for damages, forfeiture of th(
sssate Of the party offending, and eviction
nom the premises Judgment Of forfeiture