Page:United States Statutes at Large Volume 31.djvu/452

 400 FlFTY—SIXTH ooneanss. sms. 1. ca. 700. 1900. the respective rights of the persons interested therein, and for a sale » of such property, or a part of it, if it appears that aj partition can not be had without great prejudice to the owners. T qhcgmgxgg Wm it Sec. 398. The interest of all persons in the property, whether such ` ° ° _' persons be known or unknown, shall be set forth in the complaint, specifically and particularly, as far as known to the plaintiff; and if one or more of the parties, or the share or eifuantity of interest of any of the parties, be unknown to the pllainti, or be uncertain or contingent, or the ownership of the in eritance depend upon an execu- ` torydevice, or the remainder be a contingent remainder, so that such parties can not be named, that fact shall be set forth in the complaint. m;;hg;x§;g;g§};*gg§" Sec. 399. The plaintiif shallmakevcreditors having liens xkipon the p sunsets. property or any portion thereof, defendants in theaction. * hen the ien is upon an undivided interest or estate of any of the parties, such lien, if a partition be made, is thenceforth a lien only upon the share assigned to such {party, but such share shall be iirst charged with its _ just proportion o the costs of the partition, in preference to such lien. Summous. how di- Sec. 400. The summons shall be directed by name. to all the tenants r°°t°d` in common who are known, and in the same manner to all lien creditors who are made parties-to the action, and generally to all persons unknown, having or claiming an interest o_r estate in the property. m;],§__?‘;,;,Yh§€mSe“,‘}‘§d Sec. 401. If a party having a share or interest in or lien upon the by publication. roperty be unknown, or either of the knownparties res1de out of the gistrict or can not befound therein, and such fact be made to appear by affidavit, the summons may be served-upon such absent or unknown party by ublication, directed by the court or judge, as in ordinary cases. Vllhen service of the summons is made by publication, it must be accompanied by a brief description of the property which is the mguwet WW te y Sec. 402. The defendant shall set forth in his answer the nature and `. extent of his interest in the property, and if he be a lien creditor, how • such lien was created, the amount of the debt secured thereby, and remaining due, and whether such debt is secured in any other way, i and if so, the nature of such other security. » ‘ `‘`» », » mfizgg °f1’gh;lP§§*jg¤ Sec. 403. The rights of the several parties, plaintiffs as well as my °p ’ defendants, may be put in issue, tried, and determined in such action, and where a defendant fails to answer, or where a sale of the property is necessary, the title shall—beascertained·by proof to the satisfaction ‘ of the court before the judgment for partition or sale is given. i m;”=°¤ °’d°’.°‘ sm Sec. 404. lf it be alleged in the complaint and established by eviy be made instead, , , , , _ , ozpammm. dence, or if it appear by the ev1dence, without such allegation in the complaint, to the satisfaction of the court, that thegroperty, or any part of it, is so situated that partitioncan not be ma e without (great prejudice to the owners, the court may order a sale thereof, an for ' that purpose may appoint one or more referees. Otherwise, ugon the requisite proofs being made, it shall adjudge a partition accor ing to the respective rights of the parties, as ascertained by the court, and appoint three referees therefor, and shall designate the portion to {remain undiviged for the owners whose interests remain unknown or ‘ . · · not ascertaine .. ‘ ' m§k‘fQ;,,{§,§$,’§F“ "*° Sec. 405. In making the partition the referees shalldivide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court, designating the several portions byproper landmarks, and may Gmlploy a surveyor with the necessary assistants to aid them therein. T e referees shall make a report of their proceedings, specifyinlg therein the manner of executing their trust, describing the property 1vided and the shares allotted to each party, with a particular escription of each share. .
 * - subject o the action. .· A -