Equity Principles; a Practical Treatise On the Principal Rules And Doctrines of Equity Jurisprudence, Intended Especially for Use in the State of West Virginia And Applicable Also to Other States Where the Chancery System Obtains

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' 19 Gratt. 28. ' 28 Gratt ooo- PARTITION. 507 § 376. The commissioners appointed to make partition and their report — Partition is made by any three of five commissioners (with us three, any two of whom may act) appointed for that purpose by the court. Upon the return of the report of partition, if an un- successful objection is made thereto, the final decree confirms the report; or, if a sale be found necessary, it is ordered to be made, in which latter case the decree is not entirely final,
...the cause be- ing reserved in order that the court may superintend the sale.^ It is so important that the commissioners be sworn, before pro- ceeding to Anew the premises and make partition, that their re- port ought to show such fact, and the interlocutory decree for partition reciting their appointment ought to direct that they be sworn before acting.^ And it is usual to return with the report of the commissioners a certificate of the oath taken by them.' All the commissioners are to do is to execute the interlocutory order authorizing the partition, make the partition and allotments in accordance therewith, and return a report of what they have done, showing that the property has been divided, and to whom the several parts have been allotted or assigned (designating the parts assigned by proper metes and bounds), returning with their report all the evidence taken or maps or deeds used and read and made.* They need not give notice of the time when they will make partition,' as the parties interested have their day in court when the report comes before the court for its approval or rejec- tion.^ Commissioners, when once appointed, no matter by whom nominated, are commissioners for all the parties, and owe to them and the court the duty of fairness and impartiality, and after their appointment they are not to be removed except for good and sufficient reasons, unless by consent of the parties.' In making the partition, the commissioners shall take into con- sideration the quantity and value of the several parts so to be set apart and assigned, so that each party shall receive an equitable ' I Bart., Ch.

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