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18-60-425. Sale of improved land where infant or individual with mental illness coparcener, etc.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-60-425. Sale of improved land where infant or individual with mental illness coparcener, etc.
(a) When town or city lots, or land outside of a town or city, but having upon it a building of more value than the land, shall be held by, or in trust, for coparceners, joint tenants, or tenants in common, some of whom are infants or persons of unsound mind, the circuit court, or other court of similar jurisdiction, may, upon the complaint of a part of the owners against the others, of the trustee against the owner, or of the owners against the trustee, and upon its being proved that a division of the land would materially impair its value, order a sale thereof and the division of the proceeds among those entitled.
(b)(1) Before the sale is ordered, the court shall appoint some suitable persons to take care of the interests of the infants or individuals with mental illness.
(2) The shares of the infants or individuals with mental illness shall not be paid by the purchaser, but remain a lien upon the land, bearing interest, until they become capable in law of receiving their respective shares or until statutory guardians shall be appointed for the infants or individuals with mental illness, or the infants shall become married.
(3) The guardians shall give bond as required by law.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-60-425
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:18-60-425
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 27906a6dea388b66753be3096bbc6b453a4f4cfbf4bfe914c0fe35615ca82e02
Source location: content.xml paragraph 13182
Stored source content
18-60-425. Sale of improved land where infant or individual with mental illness coparcener, etc.
(a) When town or city lots, or land outside of a town or city, but having upon it a building of more value than the land, shall be held by, or in trust, for coparceners, joint tenants, or tenants in common, some of whom are infants or persons of unsound mind, the circuit court, or other court of similar jurisdiction, may, upon the complaint of a part of the owners against the others, of the trustee against the owner, or of the owners against the trustee, and upon its being proved that a division of the land would materially impair its value, order a sale thereof and the division of the proceeds among those entitled.
(b)(1) Before the sale is ordered, the court shall appoint some suitable persons to take care of the interests of the infants or individuals with mental illness.
(2) The shares of the infants or individuals with mental illness shall not be paid by the purchaser, but remain a lien upon the land, bearing interest, until they become capable in law of receiving their respective shares or until statutory guardians shall be appointed for the infants or individuals with mental illness, or the infants shall become married.
(3) The guardians shall give bond as required by law.
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