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particular estate therein: or who, by any contingency, may be entitled to a beneficial interest in the property, or who have an interest in an individual share thereof, as tenants for years, for life, by the curtesy, or in dower;

2. On all persons interested in the property, who may be unknown, to whom notice shall have been given of the application for partition by the publication directed by section 925: and,

3. On all other persons claiming from such parties or persons, or either of them.

§ 931. But such judgment and partition cannot affect tenants, or persons having claims as tenants, in dower, by the curtesy or for life, to the whole of the property, which is the subject of the partition; nor can such judgment and partition preclude any person, except such as are specified in the last section, from claiming title to the property in question, or from controverting the title of the parties between whom the partition is made.

§ 932. The expenses of the referees, including those of a surveyor and his assistants, when employed, must be ascertained and allowed by the court; and the amount thereof, together with the fees allowed by law to the referees, must be paid by the plaintiff, and may be allowed as part of the charges.

§ 933. If the referees report to the court, that the property, of which partition shall have been directed,

or any distinct portion thereof, is so situated, that a partition thereof cannot be made, without great prejudice to the owners; and the court is satisfied that such report is correct, it may thereupon, by an order, direct the referees to sell the property or portion so situated.

§ 934. When a part of the property only is ordered to be sold, if there be an estate by the curtesy, in dower, or for life, or years, in an undivided share of the property, the whole of such estate may be set off in any part of the property not ordered to be sold.

§ 935. Before the making of an order for sale, where the creditors having specific liens have not been made parties, the court on the motion of either party, must direct the plaintiff to amend his complaint, if necessary, by making every person having a specific lien on the undivided interest or estate of any of the parties, by mortgage, devise, or otherwise, a party to the action.

§ 936. The plaintiff must produce to the court the certificate of the clerk of the county where the property is situated, showing whether there are any general liens by judgment upon the property, or any part thereof.

§ 937. Unless it be made to appear to the court by the certificate of the clerk pursuant to the last section, that there are outstanding no general liens on the pro

perty, or on any share or parcel thereof, the court must order a reference to ascertain them.

§ 938. If it appear by the certificate that there are outstanding of record such general liens, the court must appoint a referee to ascertain whether such liens have been paid, or if not paid, what amount remains due or secured by them respectively, and the order of priority in which they are entitled to be paid out of the property.

§ 939. The plaintiff must cause a notice to be served, at least ten days before the time for appearance, on each person having such general lien, to appear before the referee at a specified time and place, to make proof by his own affidavit or otherwise, of the true amount due, or to become due, contingently or absolutely, on his judgment.

§ 940. The referee must receive the evidence, and report the names of the creditors whose liens are established, the amounts thereof, and their priority respectively, and if such liens are contingent he must specify them. He must attach to his report the proof of service of the notices, and the affidavits and copies of other evidence before him.

§ 941. Any creditor having a lien, and being dissatisfied with the report of the referee, may move the court to correct it, at any time before distribution of the proceeds of sale, on ten days' notice to the plaintiff and

the other persons in whose favor liens are reported, and thereupon the court may correct the report on the evidence reported, or if necessary, may order a new reference of the whole or of any part of the matter. When confirmed, the report is conclusive of the rights of the several creditors on whom notice was served.

§ 942. The proceeds of the sale of the incumbered property, must be applied under the direction of the court, as follows:

1. To pay its just proportion of the general costs of the action:

2. To pay the costs of the reference:

3. To satisfy and cancel of record the several liens in their order of priority, by payment of the sums due and to become due, the amount remaining due to be verified by affidavit at the time of payment:

4. The residue, among the owners of the property sold, according to their respective shares therein.

§ 943. The proceedings to ascertain the amount of incumbrances, and to determine their priority as above provided, or those herein authorized to determine the rights of parties, to funds paid into court, must not delay the sale, nor affect any other party, whose rights are not involved in such proceedings.

§ 944. The proceeds of sale, and the securities taken by the referees, or any part thereof, may be distributed

by them to the persons entitled thereto, whenever the But in case no direction be given, all

court so directs.

such proceeds and securities must be paid into court, or deposited as required by law, or directed by the court.

§ 945. When the proceeds of sales of any shares or parcels, belonging to persons, who have become parties to the action, and who are known, are paid into court, the action may be continued as between such parties, for the determination of their respective claims thereto, which must be ascertained and adjudged by the court. Further testimony may be taken, in court, or by a referee, at the discretion of the court, and the court may, if necessary, require such parties to present the facts or law in controversy, by pleadings, as in an original action.

§ 946. All sales of real property, made by referees under this chapter, must be made by public auction to the highest bidder, upon notice, published in the manner required for the sale of real property on execution. The notice must state the terms of sale, and if the property or any part of it is to be sold, subject to a prior estate, charge or specific lien, that must be stated in the notice.

§ 947. The court must, in the order for sale, direct the terms of credit which may be allowed, for the purchase money, of any portion of the premises of which it may direct a sale on credit, and for that portion of which the purchase money is required, by the provis

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