Section 22 Manner of Sale

• Library: Real Estate Fundamentals 2011

The procedures for a partition sale are set forth in several provisions throughout Chapter 528, RSMo, and Rule 96. The sheriff or commissioner is to advertise and sell the land. Rule 96.19. The sale shall he held in the county in which the land is located, and if a contiguous tract of land is located in more than one county, the sale may be held in any county in which a portion of the land is located. Rule 96.20. If separate tracts are located in different counties, the court shall designate in which one of those counties the sale shall occur. Id. The trial court is to designate the place within the specified county where the sale is to occur. Id.

Unless the court otherwise orders, the land may be sold in separate tracts or as a whole. Rule 96.23. Section 528.370, RSMo 2000, provides that the sale shall be governed by the same regulations prescribed by law for sales of real estate under execution. Rule 96.24 states that the commissioner or sheriff shall execute and deliver a deed to the purchaser acknowledged in the same manner as...