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" If it be alleged in the complaint and established by evidence, or if it appear by the evidence without such allegation in the complaint to the satisfaction of the court, that the property or any part of it is so situated that partition cannot be made... "
The California Practice Act: Being an Act Entitled "An Act to Regulate ... - Page 172
by California, Henry Jacob Labatt - 1860 - 368 pages
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The Revised Statutes of the State of New-York: Passed During the ..., Volume 2

New York (State) - Law - 1829
...wise, that the premises, or any part of them are so circumstanced that a partition thereof can not o a purchaser of any real estate, it shall be the duty of the complainor' of such premises at public auction, by one of the masters, upon the same notice as herein before directed...
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The Revised Statutes of the State of New-York, Passed During the Years One ...

New York (State) - Law - 1829
...wise, that the premises, or any part of them are so circumstanced that a partition thereof can not be made without great prejudice to the owners, the court may order a sale of such premises at public auction, by one of the masters, upon the same notice as herein before directed...
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A Treatise Upon the Practice of the Court of Chancery: With an ..., Volume 2

Murray Hoffman - Equity pleading and procedure - 1839
...or otherwise, that the premises, or any part of them, are so circumstanced that a partition thereof cannot be made without great prejudice to the owners, the court may order a sale of such premises at public auction, by one of the masters, upon the same notice as herein before directed...
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Acts of the Legislature of the State of Michigan

Michigan - Session laws - 1840
...•"•oni10ter, or otherwise, that the premises, or any part of them, are so situated that a partition thereof cannot be made without great prejudice to the owners, the court may order a sale of euch premises at public auction, by one of the masters, upon such notice, as is directed in sales...
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Public and Local Acts of the Legislature of the State of Michigan

Michigan - 1841
...•esonnoter, or otherwise, that the premises, or any part of them, are so situated that a partition thereof cannot be made without great prejudice to the owners, the court may order a sale of such premises at public auction, by one of the masters, upon such notice, as is directed in sales...
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The Code of Civil Procedure of the State of New York: Reported Complete by ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 791 pages
...partition or sale is given. 927. If it be alleged in the complaint, and established by evidence, to the satisfaction of the court, that the property or...to the owners, the court may order a sale thereof, and for that purpose may appoint one or more referees. Otherwise, upon the requisite proofs being made,...
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The Code of Civil Procedure of the State of New York: Reported Complete by ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 791 pages
...purpose may appoint one or more referees. Otherwise, upon the requisite proofs being made, it must order a partition, according to the respective rights...the court, and appoint three referees therefor ; and must designate the portion to remain undivided, for the owners, whose interests remain unknown or not...
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A Treatise on the Practice of the Supreme Court of the State of ..., Volume 2

Claudius L. Monell - Civil procedure - 1854
...report of a referee, or otherwise, that the premises, or any part of them, are so circumstanced that a partition cannot be made without great prejudice to the owners, the court may order a sale thereof at public auction, by a referee, upon the same notice and in the manner as is required on sales by...
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The Statutes of Oregon: Enacted, and Continued in Force, by the Legislative ...

Oregon - Law - 1855 - 653 pages
...established by evidence, or if it appear by the evidence without such allegation in the complaint, to the satisfaction of the court, that the property or...to the owners, the court may order a sale thereof) and for that purpose may appoint one or more referees. Otherwise, upon the requisite proofs being made,...
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - Law - 1857 - 871 pages
...established by eridence, or if it appear by the evidence without such allegation, in the complaint, to the satisfaction of the court, that the property, or any part of it, is so stuated that partition cannot be made without great prejudice to the owners, the court may order a...
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