Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1867-02-28
THE LAW OF PARTITION.

The following bill has been passed by the
legislature -
A supplement to Chapter sc of the Revised
Code, oil Joint Estate and Partition.
BE il enacted By The Senate and Hons. Of Rem
resenfotires Of Ne State Of Deiir0,e IN Gfneral
assembly met--'rhat the following sections be-,
and arc hereby enacted and added to Chapter 81;
OF the Revised Code, entitled "of Joint Estates
and Partition, and the same shall hereafter be
deemed and taken to he n part of said chapter,
to-wit -
SECTION 10. The Chancellor shall have power
ut his discretion in making an order in any case
pursuant to Section ., Of this Chapter, for the
appearance of party having no known place of
abode within the county, and who cannot be
found personally, 10 order such appearance 10 lie
before him IN vacation, in stead OF the term at any
Time and place in the order 10 be appointed and
II The parties subject to such order shall not an
pear according to the direction thereof or an
pearlng shall not show sufficient cause to tile
contrary, the Chancellor NAV, upon proof that
service or publication has been made of such
order as by the same shall have been directed,
make and cause to be entered upon the record Of
the court decree for partition and an order for
tle Issuing OF n commission, pursuant to Section
10 of this Chapter rcturnablc Mt the next ensuing
term of the court
SEC 20. The Chancellor shall have authority
al Ills discretion upon the application of all the
parties to proceeding on partition to make nm
order Tor partition returnabc to himself at cham
", '''ehsioi. anu upbH TttilH III Nucu
order 1t shall appear that partition Of the prem
ises has been made, and such return be approved
an order for the sale Of the premises may there
upon be made to be returnabc ut the ensuing term
OF the court; If upon such return ii shall appear
that partition OF the premises has been made such
partition shall not he approved, OF further action
thcrcupon he had except in tcrm ANY order for
partition now pending may upon being duly exc
cuted he returned To the Chancellor IN vacation.
and II upon such return il shall appear that M
PARTITION tnp hnh Inn a al,
sailie be approved the Chancellor may, npon the
duplication oil all the parties entitled. make nm Or
der for the sale of the premises returnable at the
| next ensuing term; an infant may join in any
Item. s''''" ~"
SIG. q. decree for partition upon the petit
ton OF all the parties entitled pursuant TO Section
| 'oi Tins Chapter, may he made in vacation rs
well MS in term.
SIC. -. A sale of any lands, tenements and he
tedilamens. pursuant to the provisions of Section
| "A of this Chapter, shall pass TO the purchaser
hereof title free and discharged from all claims
ny virtue OF any estate or interest in dover or by
the curtesy in any undivided share of n Joint tr,s
| ut or tenant in common, provided that the ppr-
son entitled 10 such interest ut the filing of The
| telitiun for partition shall have been party Ia
he proceeding; the Chancellor shall have atl-
ho'ity To make all such orders touching the in
srstiient and disIusl of the proceeds ri sale OF
any share vi the premises sold winch may i,e nee
| essary to secure the person having II right Of
dover or curtesy in such share and equivalent
interest in the prnceeds OF s'cn sale.
shc. %. The Oh 'ncellor shall have authority
To make decree for par ition in one proceeding
under This Chapter Of several tracts or parcels Of
land and premises held by the same persons MS
Joint tenants or ten nts in common, although raid
several tracts or parcels may have been derived
ny different titles, and although any one or more
Of the tenants may MT hold a like I'll IRE, prnIur-
IiOn or interest III OF the said several tracts or
parcels IN such case II shall be competent for
commissioners appointed under Section 10 Of tn S
Oh pier, to return II parti ion to part Of the
lnds and premises embraced in said proceeding,
and 70 return the residue of the same without
cordance with the return so made. the Chancel-
| Tor may vary the terms OF the commission as may
oe necessary 10 adapt Ii to cases contemplated by