reglab/housing_qa huggingface dataset:
SC Code § 15-61-350 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 61 - Partition|Section 15-61-350. Sale may be ordered without writ upon testimony taken.

 Pursuant to Rule 71, South Carolina Rules of Civil Procedure, this article does not affect a court's power, in partition proceedings, to dispense with the issuing of a writ of partition when, in the judgment of the court, it would involve unnecessary expense to issue such a writ. A court may, in all partition proceedings, without recourse to such writ, determine by means of testimony taken before the proper officer and reported to the court whether a partition in kind or partition by allotment among the parties is practicable or expedient and, when such cannot be fairly and equally made, may order the sale of the property and a division of the proceeds according to the rights of the parties. If a court issues a writ of partition and appoints commissioners pursuant to Rule 71, South Carolina Rules of Civil Procedure, each commissioner, in addition to the requirements and disqualifications applicable to commissioners in Rule 71, must be disinterested and impartial and not a party to or a participant in the action.  HISTORY: 2016 Act No. 153 (H.3325), Section 1, eff January 1, 2017.  Editor's Note  2016 Act No. 153, Section 6, provides as follows:  "SECTION 6. This act takes effect on January 1, 2017, and applies to partition actions filed on or after that date."
SC Code § 15-61-380 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 61 - Partition|Section 15-61-380. Partition in kind or by allotment.

 (A) If all the interests of the cotenants that requested partition by sale are not purchased by other cotenants pursuant to Section 15-61-370 or if, after conclusion of the buyout pursuant to Section 15-61-370, a cotenant remains that has requested a partition in kind or a partition by allotment, the court shall order a partition in kind or a partition by allotment, unless the court, after consideration of the factors listed in Section 15-61-390, finds that partition in kind or partition by allotment may result in manifest prejudice or manifest injury to the cotenants as a group. In considering whether to order partition in kind or partition by allotment, the court shall approve a request by two or more parties to have their individual interests aggregated.  (B) If the court does not order partition in kind or partition by allotment under subsection (A), the court shall order partition by sale pursuant to Section 15-61-400 or, if no cotenant requested partition by sale, the court shall dismiss the action.  (C) If the court orders partition in kind or partition by allotment pursuant to subsection (A), the court may require that one or more cotenants pay one or more of the other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind or the partition by allotment just and proportionate in value to the fractional interests held.  HISTORY: 2016 Act No. 153 (H.3325), Section 1, eff January 1, 2017.  Editor's Note  2016 Act No. 153, Section 6, provides as follows:  "SECTION 6. This act takes effect on January 1, 2017, and applies to partition actions filed on or after that date."
SC Code § 15-61-390 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 61 - Partition|Section 15-61-390. Determination of manifest prejudice or injury to cotenants as a group.

 (A) In determining pursuant to Section 15-61-380(A) whether partition in kind or partition by allotment would result in manifest prejudice or manifest injury to the cotenants as a group, the court shall consider the following:  (1) whether the heirs' property practicably can be divided among the cotenants;  (2) whether partition in kind or partition by allotment would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur;  (3) evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other;  (4) a cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant;  (5) the lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property;  (6) the degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and  (7) any other relevant factor.  (B) The court may not consider any one factor in subsection (A) to be dispositive without weighing the totality of all relevant factors and circumstances.  HISTORY: 2016 Act No. 153 (H.3325), Section 1, eff January 1, 2017.  Editor's Note  2016 Act No. 153, Section 6, provides as follows:  "SECTION 6. This act takes effect on January 1, 2017, and applies to partition actions filed on or after that date."
SC Code § 15-61-400 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 61 - Partition|Section 15-61-400. Sale of heirs' property; open-market sale; sale by sealed bids.

 (A) If the court orders a sale of heirs' property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group.  (B) If the court orders an open-market sale and the parties, not later than thirty days after the entry of the order, agree on a real estate broker licensed in this State to offer the property for sale, the court, upon consultation with the parties, shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in this State to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court.  (C) If a broker appointed under subsection (B) obtains within a reasonable time an offer to purchase the property for at least the determination of value:  (1) the broker shall comply with the reporting requirements in Section 15-61-410;  (2) the sale may be completed in accordance with state law other than this article; and  (3) the commission of the real estate broker must be paid from the proceeds of the sale.  (D) If the broker appointed under subsection (B) does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after a hearing, may:  (1) approve the highest outstanding offer, if any;  (2) redetermine the value of the property and order that the property continue to be offered for an additional time; or  (3) order that the property be sold by sealed bids or at an auction.  (E) If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale. If the court orders an auction, the auction must be conducted pursuant to procedures governing judicial sales and auctions.  (F) If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds.  HISTORY: 2016 Act No. 153 (H.3325), Section 1, eff January 1, 2017.  Editor's Note  2016 Act No. 153, Section 6, provides as follows:  "SECTION 6. This act takes effect on January 1, 2017, and applies to partition actions filed on or after that date."
SC Code § 15-61-410 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 61 - Partition|Section 15-61-410. Report of broker appointed to offer heirs' property for open-market sale.

 (A) Unless required otherwise to do so within a shorter time, a broker appointed under Section 15-61-400, to offer heirs' property for open-market sale shall file a report with the court not later than ten days after receiving an offer to purchase the property for at least the value determined pursuant to Section 15-61-360 or 15-61-400.  (B) The report required by subsection (A) must contain the following information:  (1) a description of the property to be sold to each buyer;  (2) the name of each buyer;  (3) the proposed purchase price;  (4) the terms and conditions of the proposed sale, including the terms of any owner financing;  (5) the amounts to be paid to lienholders;  (6) a statement of contractual or other arrangements or conditions of the broker's commission; and  (7) other material facts relevant to the sale.  HISTORY: 2016 Act No. 153 (H.3325), Section 1, eff January 1, 2017.  Editor's Note  2016 Act No. 153, Section 6, provides as follows:  "SECTION 6. This act takes effect on January 1, 2017, and applies to partition actions filed on or after that date."
SC Code § 15-61-420 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 61 - Partition|Section 15-61-420. Construction of article.

 This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b), except to the extent that South Carolina law, rules, and regulations so authorize.  HISTORY: 2016 Act No. 153 (H.3325), Section 1, eff January 1, 2017.  Editor's Note  2016 Act No. 153, Section 6, provides as follows:  "SECTION 6. This act takes effect on January 1, 2017, and applies to partition actions filed on or after that date."
SC Code § 15-63-10 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 63 - Quo Warranto And Scire Facias|Section 15-63-10. Provisions of chapter are in lieu of scire facias and quo warranto.

 The writ of scire facias, the writ of quo warranto and proceedings by information in the nature of quo warranto having been abolished, the remedies previously obtainable in those forms may be obtained by civil actions under the provisions of this chapter.  HISTORY: 1962 Code Section 10-2251; 1952 Code Section 10-2251; 1942 Code Section 827; 1932 Code Section 827; Civ. P. '22 Section 775; Civ. P. '12 Section 462; Civ. P. '02 Section 424; 1870 (14) 523 Section 443.
SC Code § 15-63-60 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 63 - Quo Warranto And Scire Facias|Section 15-63-60. Action against usurpers, for forfeiture of office or against persons acting as corporation.

 An action may be brought by the Attorney General in the name of the State upon his own information or upon the complaint of any private party or by a private party interested on leave granted by a circuit judge against the parties offending in the following cases:  (1) When any person shall usurp, intrude into, or unlawfully hold or exercise any public office, civil or military, or any franchise within this State or any office in a corporation, created by the authority of this State;  (2) When any public officer, civil or military, shall have done or suffered an act which, by the provisions of law, shall make a forfeiture of his office; or  (3) When any association or number of persons shall act within this State as a corporation without being duly incorporated.  HISTORY: 1962 Code Section 10-2256; 1952 Code Section 10-2256; 1942 Code Section 831; 1932 Code Section 831; Civ. P. '22 Section 779; Civ. P. '12 Section 466; Civ. P. '02 Section 428; 1870 (14) 523 Section 447.
SC Code § 15-63-70 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 63 - Quo Warranto And Scire Facias|Section 15-63-70. Action to vacate or annul letters patent.

 An action may be brought by the Attorney General in the name of the State for the purpose of vacating or annulling the letters patent granted by the people of this State in the following cases:  (1) When he shall have reason to believe that such letters patent were obtained by means of some fraudulent suggestion or concealment of a material fact made by the person to whom such letters patent were issued or made or with his consent or knowledge;  (2) When he shall have reason to believe that such letters patent were issued through mistake or in ignorance of material fact; or  (3) When he shall have reason to believe that the patentee or those claiming under him have done or committed an act in violation of the terms and conditions on which the letters patent were granted or have by any other means forfeited the interest acquired under such letters patent.  HISTORY: 1962 Code Section 10-2257; 1952 Code Section 10-2257; 1942 Code Section 832; 1932 Code Section 832; Civ. P. '22 Section 780; Civ. P. '12 Section 467; Civ. P. '02 Section 429; 1870 (14) 524 Section 448.
SC Code § 15-63-80 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 63 - Quo Warranto And Scire Facias|Section 15-63-80. One action may be brought against several persons claiming office or franchise.

 When several persons claim to be entitled to the same office or franchise one action may be brought against all such persons in order to try their respective rights to such office or franchise.  HISTORY: 1962 Code Section 10-2258; 1952 Code Section 10-2258; 1942 Code Section 839; 1932 Code Section 839; Civ. P. '22 Section 787; Civ. P. '12 Section 474; Civ. P. '02 Section 436; 1870 (14) 526 Section 455.
SC Code § 15-63-90 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 63 - Quo Warranto And Scire Facias|Section 15-63-90. Joining of relator as plaintiff.

 When an action shall be brought by the Attorney General, by virtue of this chapter on the complaint of any private party or by a person having an interest in the question, the name of such person shall be joined with the State as plaintiff.  HISTORY: 1962 Code Section 10-2259; 1952 Code Section 10-2259; 1942 Code Section 833; 1932 Code Section 833; Civ. P. '22 Section 781; Civ. P. '12 Section 468; Civ. P. '02 Section 430; 1870 (14) 524 Section 449.
SC Code § 15-63-100 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 63 - Quo Warranto And Scire Facias|Section 15-63-100. Security for costs.

 In every case the Attorney General, or circuit judge, as the case may be may require as a condition precedent to bringing such action that satisfactory security shall be given to indemnify the State against the costs and expenses to be incurred thereby. In every case brought by the Attorney General in which such security is given the measure of compensation to be paid by such person to the Attorney General shall be left to the agreement, express or implied, of the parties.  HISTORY: 1962 Code Section 10-2260; 1952 Code Section 10-2260; 1942 Code Section 833; 1932 Code Section 833; Civ. P. '22 Section 781; Civ. P. '12 Section 468; Civ. P. '02 Section 430; 1870 (14) 524 Section 449.
SC Code § 15-63-110 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 63 - Quo Warranto And Scire Facias|Section 15-63-110. Complaint and arrest of defendant in action for usurping office.

 When such action shall be brought against a person for usurping an office, the Attorney General or private party bringing the action, in addition to the statement of the cause of action, may also set forth in the complaint the name of the person rightfully entitled to the office, with a statement of his right thereto. In such case, upon proof by affidavit that the defendant has received fees or emoluments belonging to the office by means of his usurpation thereof, an order may be granted by a judge of the circuit or by a justice of the Supreme Court for the arrest of such defendant and holding him to bail. Thereupon he shall be arrested and held to bail in the same manner, with the same effect and subject to the same rights and liabilities as in other civil actions when the defendant is subject to arrest.  HISTORY: 1962 Code Section 10-2261; 1952 Code Section 10-2261; 1942 Code Section 834; 1932 Code Section 834; Civ. P. '22 Section 782; Civ. P. '12 Section 469; Civ. P. '02 Section 431; 1870 (14) 524 Section 450.
SC Code § 15-63-120 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 63 - Quo Warranto And Scire Facias|Section 15-63-120. Judgment in action for usurping office.

 In every case judgment shall be rendered upon the right of the defendant and also upon the right of the party alleged to be entitled or only upon the right of the defendant as justice shall require.  HISTORY: 1962 Code Section 10-2262; 1952 Code Section 10-2262; 1942 Code Section 835; 1932 Code Section 835; Civ. P. '22 Section 783; Civ. P. '12 Section 470; Civ. P. '02 Section 432; 1870 (14) 524 Section 451.
SC Code § 15-63-130 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 63 - Quo Warranto And Scire Facias|Section 15-63-130. Assumption of office by relator, when judgment is in his favor.

 If the judgment be rendered upon the right of the person so alleged to be entitled and such judgment be in favor of such person, he shall be entitled, after taking the oath of office and executing such official bond as may be required by law, to take upon himself the execution of the office, and he shall immediately thereafter demand of the defendant in the action all the books and papers in his custody or within his power belonging to the office from which he shall have been excluded.  HISTORY: 1962 Code Section 10-2263; 1952 Code Section 10-2263; 1942 Code Section 836; 1932 Code Section 836; Civ. P. '22 Section 784; Civ. P. '12 Section 471; Civ. P. '02 Section 433; 1870 (14) 524 Section 452.
SC Code § 15-63-140 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 63 - Quo Warranto And Scire Facias|Section 15-63-140. Proceedings against usurping defendant on refusal to deliver books or papers to relator.

 If the defendant shall refuse or neglect to deliver over such books or papers, pursuant to the demand, he shall be guilty of a misdemeanor, and the following proceedings shall be had to compel delivery of such books or papers:  (1) The successor in whose favor judgment has been so rendered may make complaint of such refusal or neglect to any judge of the circuit court of the circuit in which the person so refusing shall reside or to any justice of the Supreme Court. If such judge be satisfied by the oath of the complainant and such testimony as shall be offered that any such books or papers are withheld he shall grant an order directing the person so refusing to show cause before him, within some short reasonable time, why he should not be compelled to deliver such books or papers.  (2) At the time so appointed or at any other time to which the matter may be adjourned upon due proof being made of the service of such order, such judge shall proceed to inquire into the circumstances. If the person charged with withholding such books or papers shall make affidavit before the judge that he has truly delivered over to his successor all such books and papers in his custody or appertaining to his office, within his knowledge, all further proceedings before the judge shall cease and the person complained against shall be discharged.  (3) If the person complained against shall not make such oath and it shall appear that any such books or papers are withheld the judge before whom such proceedings shall be had shall, by warrant, commit the person so withholding to the jail of the county, there to remain until he shall deliver such books and papers or be otherwise discharged according to law.  (4) In the case stated in the last paragraph, if required by the complainant, the judge shall also issue his warrant, directed to any sheriff or constable, commanding him in the daytime to search such places as shall be designated in such warrant for such books and papers as belong to the officer so removed or whose term of office expired in his official capacity and which appertained to such office and seize and bring them before the officer issuing the warrant.  (5) Upon any books or papers being brought before such judge, by virtue of such warrant, he shall inquire and examine whether such books or papers appertained to the office from which the person so refusing to deliver was removed or of which the term expired and, if so, he shall cause them to be delivered to the complainant.  HISTORY: 1962 Code Section 10-2264; 1952 Code Section 10-2264; 1942 Code Section 837; 1932 Code Section 837; Civ. P. '22 Section 785; Civ. P. '12 Section 472; Civ. P. '02 Section 434; 1870 (14) 524 Section 453.
SC Code § 15-63-150 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 63 - Quo Warranto And Scire Facias|Section 15-63-150. Recovery of damages from usurper.

 If judgment be rendered upon the right of the person so alleged to be entitled, in favor of such person, he may recover, by action, the damages he shall have sustained by reason of the usurpation by the defendant of the office from which such defendant has been excluded.  HISTORY: 1962 Code Section 10-2265; 1952 Code Section 10-2265; 1942 Code Section 838; 1932 Code Section 838; Civ. P. '22 Section 786; Civ. P. '12 Section 473; Civ. P. '02 Section 435; 1870 (14) 526 Section 454.
SC Code § 15-63-160 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 63 - Quo Warranto And Scire Facias|Section 15-63-160. Judgment of exclusion from office or franchise; penalty for usurpation.

 When a defendant, whether a natural person or corporation, against whom such action shall have been brought shall be adjudged guilty of usurping, intruding into or unlawfully holding or exercising any office, franchise or privilege, judgment shall be rendered that such defendant be excluded from such office, franchise or privilege and also that the plaintiff recover costs against such defendant. The court may also, in its discretion, fine such defendant a sum not exceeding two thousand dollars. The fine, when collected, shall be paid into the State Treasury.  HISTORY: 1962 Code Section 10-2266; 1952 Code Section 10-2266; 1942 Code Section 840; 1932 Code Section 840; Civ. P. '22 Section 788; Civ. P. '12 Section 475; Civ. P. '02 Section 437; 1870 (14) 526 Section 456.
SC Code § 15-63-170 (2021)
2021 South Carolina Code of Laws|Title 15 - Civil Remedies and Procedures|Chapter 63 - Quo Warranto And Scire Facias|Section 15-63-170. Judgment of forfeiture against corporation.

 If it shall be adjudged that a corporation against which an action shall have been brought pursuant to this chapter has, by neglect, abuse or surrender, forfeited its corporate rights, privileges and franchises, judgment shall be rendered that the corporation be excluded from such corporate rights, privileges and franchises and that the corporation be dissolved.  HISTORY: 1962 Code Section 10-2267; 1952 Code Section 10-2267; 1942 Code Section 841; 1932 Code Section 841; Civ. P. '22 Section 789; Civ. P. '12 Section 476; Civ. P. '02 Section 438; 1870 (14) 526 Section 457.