 | Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - Law reports, digests, etc - 1917 - 832 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,...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,... | |
 | Law reports, digests, etc - 1917 - 1356 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,...so situated that partition cannot be made without (treat prejudice to the owners, the court may order a sale thereof, and for that purpose may appoint... | |
 | Law reports, digests, etc - 1917 - 1336 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,...any part of it, is so situated that partition cannot he made without great prejnilire to the owners, the court mny order n sale thereof, and for that purpose... | |
 | Law reports, digests, etc - 1920 - 1022 pages
...such as the one here involved may have an action for a partition thereof, or where it appears that a partition cannot be made without great prejudice to the owners, the court may decree a sale of the property. We concede that there may be exceptional cases where a court of equity... | |
 | Law reports, digests, etc - 1920 - 1200 pages
...latter an interest in the land. The statute is that there shall be a sale of the laud if it shall appear that partition cannot be made without great prejudice to the owners. The question is, not whether the timber can be divided, but whether or not the timber and the land can... | |
 | California - Civil procedure - 1923 - 952 pages
...APPOINT REFEREES THEREFOR. If it appears by the evidence, whether alleged in the complaint or not, that the property or any part of it is so situated...great prejudice to the owners, the court may order the sale thereof; otherwise, upon the requisite proofs being made, it must order a partition according... | |
 | Law - 1925 - 1150 pages
...trial of a partition action "If it appeal's by the evidence, whether alleged in the complaint or not, that the property or any part of it is so situated...great prejudice to the owners the court may order the sale thereof; otherwise, upon the requisite proofs being made, it must order a partition according... | |
 | California, James Henry Deering - California - 1927 - 2496 pages
...Question of sale or partition. If it appears by the evidence, whether alleged in the complaint or not, that the property or any part of it is so situated that partition cannot lie made without great prejudice to the owners, or where property is subject to a life estate and the... | |
 | United States. Supreme Court - Law reports, digests, etc - 1885 - 1206 pages
...appear by the evidence without such allegation in the complaint, to the satisfaction of the court, that partition cannot be made without great prejudice...to the owners, the court may order a sale thereof." Section 752 embodies the same principle. The complainant in this case makes the necessary allegation,... | |
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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... 
