FIFTY·SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 399 due, with costs of action; and in the latter case the judgment of foreclosure as to the remander of the lproperty may be enforced bty an order of sale, in whole orl1n part, w enever default shall be ma e ID the payment of the installments not then due. ~ · _ Sec. 396. If, before a ]udglment is given, the amount then due, with bQ§f,,g°:¤_,‘g ¥’°Ym°¤° the costs of action, is broug t_ into court and paid to the clerk, the action shall be d1smissed,t;nd ifl the same be dflone after yuiilgmgnt ang before sale the effect of e ju ent as tort e amount then · ue an paid shall be terminated, and tit; execution, if any have issued, be recalled by the clerk. When an installment not due IS ad]udged to be id the court shall determine and s ec1 . in the ud ment what sum pa > P _ I g shall be received in satisfaction thereof, which sum. may be e%ual to such installment, or otherwise, according to the present value thereof. The provisions of this chapter as to liens upon·personal property are not to be construed so as excludel a persoln having such a lien from any other remedy or right in regar to suc property. — 6 n CHAPTER FORTY-THREE. OF ACTIONS FOR THE *13ARTITI0N~ OF REAL PROPERTY. Sec. U A i sec. U i 397. Who may maintain an action for 424. Mortgages and other securities, how rtition. S taken by referees. 398. Colgplaint, what it shall contain. ” 425. Estate for life or years, how dis- 399. What lien creditors may be made ·posed of. ~ p defendant? etgir ° 426. Coxppepsation of such estate in case
Summons ow. o sa e. ‘
401. nptuwndm summons maybeserved 427. If consent not given, court to deter- - Anlgy publiplztion. mm 428 Rxpinp thpbvalgegf suchtestatei th 402. wer,w ttocon '. . ue or e e rminaiono e } 403. Rights of the parties may be put in value. . I _ issue, etc. f mlbe ad 429. Rights ofdunknown tenants to be J 404. When order 0 e may m e . protecte . instead of partition.· 430. Inchoate orcontingent interests, how gg. gow referees to make pwtion. 431 T providied {eric be . Bd. kn t . roceeuimgs on reporto re erees. . ermso sae m e own a 407. Who not affected thereby. the time of sale. . 408. E nses of referees. 432. Referees not to purchase. 409. W§hI§n‘order‘of sale may be made 433. Report ofireferees, what to contain. I upon rgport cgrlgereles. f 434. Repprt may be efcepted to; effect 410. ncaseo parti e, ow wtate or o ncon’¢irma" tion. life or years set off. _ 435. Proceedinigohen a_ party or incum- 411. When reference ordered to ascertain brancer mes purchaser. _ lien creditors. 436. When and what proceeds of sale to 412. Referees toascertain amount of liens. be invested. 413. Notice tc; liezn creditors. 437. In whose name xurities taken or 414. Duticso re eree. investments m e. g _ _ »§15. giceptipnstoreport. Svghme supjeptm k . d 16. act co ‘ tiono re rt. ‘ . enc cer eep account an 417. Distribiition of proceeds oflsle. receive interest. 418. When party may be required to ex- 440. When partition can not be haust other securities. made, court may adjudge compen- 419. epottodelayoratfectcer- 441 Ws!a(t:>n.: _ of Sale Paid to 420. sale to be distributed or · of infant. A ‘ paid into court. 442. W en paid to guardian of insane 421. When action to continue. person. i gg. Scale by refgeeséthopr gnaélee. ad 443. Costs of partition, how apportioned. . urtmay ire saeo m eon . credit. . Sec. -397. When several persons hold and are in possession of real auvgggoggifggg S property as tenants-in common, in which one-or more of them have an estate of inheritance, or for life or years, or when several persons hold as tenants in common a vested remainder or reversion in any real property, any one or more of them may maintain. an action of an equitable nature for the partition of such real property, according to
