by admin | May 13, 2021 | Civil Procedure, Missouri
Immediately after the filing of the report of the commissioners, the clerk shall notify the parties of such filing. The notice shall be given in the manner provided by Rule 43.01, or, if this is not possible, by posting the notice in the office of the clerk of the...
by admin | May 13, 2021 | Civil Procedure, Missouri
The commissioners shall make a written report describing the land divided and the shares allotted to the parties, or that partition cannot be made without great prejudice to the owners, or that partition can be made only of a part of the land. The report shall also...
by admin | May 13, 2021 | Civil Procedure, Missouri
The commissioners, before proceeding to the execution of their duties, shall make affidavit, before some officer qualified to administer oaths, to honestly and impartially execute the trust reposed in them, which shall be filed with their report. They shall give at...
by admin | May 13, 2021 | Civil Procedure, Missouri
The commissioners and surveyors shall receive compensation as fixed by the court, which sums shall be taxed as costs.Mo. R. Civ. P. 96.13Adopted June 5, 1980, eff. Jan. 1, 1981.Committee Note-1981 This is substantially the same as prior Rule 96.22.
by admin | May 13, 2021 | Civil Procedure, Missouri
When a judgment of partition in kind is rendered, the court shall appoint three commissioners, residents of any county in which any of the land to be divided lies, to make the partition. In case of the death, resignation, inability or refusal to act of any...
by admin | May 13, 2021 | Civil Procedure, Missouri
If the court finds that partition in kind cannot be made without great prejudice to the owners an order of sale may be made without the appointment of commissioners.Mo. R. Civ. P. 96.11Adopted June 5, 1980, eff. Jan. 1, 1981.Committee Note-1981 This is substantially...
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