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Rule 770. Property Incapable of Division (1950)


Should the court be of the opinion that a fair and equitable division of the real estate, or any part thereof, cannot be made, it shall order a sale of so much as is incapable of partition, which sale shall be for cash, or upon such other terms as the court may direct, and shall be made as under execution or by private or public sale through a receiver, if the court so order, and the proceeds thereof shall be returned into court and be partitioned among the persons entitled thereto, ac­cording to their respective interests.

Amended by order of Oct. 12, 1949, eff. March 1, 1950: The words "or public" have been added in the phrase "by private or public sale."

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941