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18-60-416. Court action on commissioners' report.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-60-416. Court action on commissioners' report.
(a) Upon a report of the divisions by the commissioners appointed for that purpose being returned, the court may confirm or set aside the report or remand it to the commissioners for correction.
(b) Upon good cause shown by either party, on the report being made and returned to the circuit court, it may be set aside by the court, who may appoint new commissioners, who shall proceed in like manner as directed in § 18-60-415. The court shall not set aside a second report for the same cause for which the first report was set aside.
(c)(1) If no cause is shown, the report shall be confirmed, and judgment shall thereupon be given that the partition be firm and effectual forever.
(2) The judgment shall be binding and conclusive on all the parties to the proceedings, their representatives, and all other persons claiming under them by right derived after the commencement of the proceedings.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-60-416
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:18-60-416
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8c3ebfe6a43f107615fcc02a7137ad7eb556dea93aaeef2cad2feb224d9fa973
Source location: content.xml paragraph 13018
Stored source content
18-60-416. Court action on commissioners' report.
(a) Upon a report of the divisions by the commissioners appointed for that purpose being returned, the court may confirm or set aside the report or remand it to the commissioners for correction.
(b) Upon good cause shown by either party, on the report being made and returned to the circuit court, it may be set aside by the court, who may appoint new commissioners, who shall proceed in like manner as directed in § 18-60-415. The court shall not set aside a second report for the same cause for which the first report was set aside.
(c)(1) If no cause is shown, the report shall be confirmed, and judgment shall thereupon be given that the partition be firm and effectual forever.
(2) The judgment shall be binding and conclusive on all the parties to the proceedings, their representatives, and all other persons claiming under them by right derived after the commencement of the proceedings.
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Arkansas Code — all titles (historical 2020) · legal_authorities
18-60-415. Duties of commissioners.
(a)(1) The commissioners shall immediately proceed to make partition, according to the judgment of the court, unless it shall appear to them, or a majority of them, that partition of the premises cannot be made without great prejudice to the owners.
(2) In such a case they shall make report of this fact in court, under their hands, accompanied by an affidavit of the truth of the fact stated in the report so returned.
(b)(1) In making partition, the commissioners shall divide the lands and tenements, and allot the several portions and shares thereof to the respective parties, quality and quantity relatively being considered by them according to the respective rights and interests of the parties, so adjudged by the court, designating the several shares and portions by metes and bounds.
(2) The commissioners may, when necessary, employ a surveyor and assistants to assist them.
(c)(1) The commissioners shall make a full and detailed report of their proceedings, in writing, signed by them, or a majority of them, specifying therein the manner of executing the trust.
(2)(A) The report shall describe the lands divided and the shares allotted to each party, with the quantity of each share, the boundaries, courses, and distances, together with any other facts necessary for a complete elucidation of the division.
(B) This report shall be accompanied by the affidavits of the commissioners as may sign the report, verifying the facts set forth therein.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-60-415
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-60-415. This identifies an authority to review, not proof of applicability.