Section 921. Actual partition  


Latest version.
  • 1.  The  commissioners  designated by the
      interlocutory judgment shall forthwith  proceed  to  make  partition  as
      directed  by  such  judgment,  unless  it appears to them that partition
      thereof, or of a particular lot, tract or other portion thereof,  cannot
      be made without great prejudice to the owners; in which case, they shall
      make a written report of that fact to the court.
        2.  The  commissioners shall divide the property into distinct parcels
      and allot the several parcels to the  respective  parties,  quality  and
      quantity being relatively considered, according to the respective rights
      and  interest  of  the  parties  as fixed by the interlocutory judgment.
      They shall designate the several parcels by suitable monuments. They may
      employ a surveyor, with the necessary assistants, to aid them.
        3. Where a party has a right of dower  in  the  property,  or  a  part
      thereof,  which has not been admeasured, or has an estate by the curtesy
      or for life or for years in an undivided  share  of  the  property,  the
      commissioners may allot to that party his share without reference to the
      duration of the estate. They may make partition of the share so allotted
      to  that  party,  among the parties who are entitled to the remainder or
      reversion thereof, to be enjoyed by them upon the determination  of  the
      particular  estate,  where,  in the opinion of the commissioners, such a
      partition can be made without prejudice to the rights of the parties.