Section 20 Order of Sale
| Library | Real Estate Fundamentals 2011 |
If the court finds that the land cannot be partitioned in kind, either at the hearing on the petition or upon the return of the commissioners’ report, the court will enter an order of sale. Rules 96.11 and 96.18. Only the court can order the sale of the property. Rules 96.11 and 96.18. “The commissioners [have] no authority to direct the property should be sold.” Genetti v. Kesterson, 775 S.W.2d 536, 537 (Mo. App. S.D. 1989).
The order should specify the place of the sale, the terms of the sale, and whether...
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