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sale, sheriff shall
Money to be dis
sold, what fur
made a party
fsale has been made, and the same is approved by the court, Court approving the sheriff, on receiving payment of the consideration money, sale
money, make deed or taking suficient security therefor to the satisfaction of the court, shall execute and deliver a deed or deeds to the purchaser or purchasers of the estate or estates so sold: and the Money Suid money or securities shall be distributed and paid by order tributed to the of said court, to and amongst the several parties entitled to parties receive the same, in lieu of their respective parts and proportions of said estate or estates, according to their just rights and proportions.
Sec. 11. That after such estate or estates shall have been Estate once oronce offered and not sold, an alias order may issue for the sale fered and not thereof, as often as need be; and it shall be competent for the ther proceedings court who shall have ordered such sale, at their discretion, to may be had orier a revaluation thereof, by three judicious, disinterested freeholders of the county, to be appointed by the court, and to direct a subsequent sale thereof, at not less than two thirds of sirn revaluation: or is said court think it more expedient for ipinterest of all parties concerned, they may order a sale witoo't such revaluation, at not less than such reduced proportion or proportions of the appraised value, as said court may direct.
Sec. 12. That in all cases where a petition is filed for par- Widow entitled tition of any estate or estates, the widow entitled to dower to dower to be tierrin, isany there be, shall be made a party to the proceed." tugs, unless dower shall have been previously assigned. See. 13. That if there be any widow entitled to dower in .....
"Duty of freehold the estate or estates of which partition is demanded, it shall beers in assigning the duty of the freeholders making such partition, to set off to dowes sich wiilow her dower therein: and in case the estate or estites be situate in two or more counties, or two or more tracts, they miy, in their discretion, set off such dower in one or more counties, or in one or more tracts or portions of such estate, as may be julged most equitable; or they may, in their dis cretion, set off the samr in such manner that the same may be contained in the share or shares aparted to one or more of the proprietors of such estate or estates, and such share or shares may be made larger, as the same may be less valuable by rea son of such dower therein: or said freeholders may, if deemed for the interest of all parties concerned, make partition of the residue of such estate or estates, after having set off sucla dower, leaving such estate of lower to be partitioned after the same shall cease and be determined.
Sec. 14. That the guardian or guardians of any minor heir Guardians may or heirs, shall be empowered, on behalf of their ward or wards, for their varo to do and perform any act, matter or thing, respecting the partition of any estate or estates under this act; and to elect, on behalf of such ward or wards, to take said estate or estates, when the same cannot be divided without injury, as mentioned ith the eighth section of this act, and make payments therefor
on behalf of said ward or wards: and such acts and things done by said guardian or guardians, shall be as valid in law as if the same had been done by such ward or wards, after his, her or their arrival at full age.
Sec. 15. That one parcener may maintain an action of One parcener waste against another; but no parcener shall have or possess may have action any privileges over another in any election, division, partition of waste against
or matter to be made or done, concerning lands which have den scended.
Sec. 16. That the court before whom any partition shall be Costs to be tased made, shall tax the costs and expenses which may accrue in the
cause, according to equity, having regard to the interest of the parties, and the benefit each may derive from such partition; and shall issue execution therefor against each party, if need be, bis, her or their goods, chattels, lands and tenements, as in other cases.
Sec. 17. That an act, entitled “An act to provide for the Acts repralea partition of real estate," passed February 26th, 1820; and an
act, entitled “An act amendatory to the act to provide for the
Provided, That all petitions for partition, pending in any court
ope in this State previous to the taking effect of this act, shall be inions pending
proceeded upon to final judgment, and execution for costs, in the same manner as they would have been, had this act not been passed.
This act shall take effect and be in force from and after the first day of June next.
JAMES M. BELL,
Speaker of the Senate.
Proviso as to
AN ACT to provide for the execution of real contracts in certain cases.
Sec. I, Be it enacted by the General Assembly of the State of Surviving Ohio, That is two or more persons who beretofore have heldo coparcener, joint or may hereafter holu, iands, as coparceners, joint tenants, or tenant. &c., may petition court for tenants in common, have heretofore, or shall hereafter become an order to exe obligated in writing, for the sale and conveyance of the same, hath or have died, or shall die; it shall be lawful for the surs vivor or survivors, to present a petition to the court of common pleas of the county in which the land so contracted for, may or shall be situated, setting forth the facts relative to the said contract, and praying for an order for the execution thereof.
or of any part thereof; and any one or more of the said coparceners, joint tenants, or tenants in common, after said coritract, and before the conveyance of the land so contracted for,
cute real con tract
Sec. 2. That if it shall appear to the said court, by good Court may order and sufficient testimony, that such contract bath been made, survivor to com
piele such conand hath been fully complied with, on the part of the purchas-tract by conyes er or purchasers; or that the said purchaser or purchasers is ance or are then ready to comply with the said contract according to the terms thereof, so that he or they hath or have a full right to demand and receive a conveyance of the said land, or any part thereof; it shall be lawful for the said court of common pleas to make an order, authorizing and empowering the said survivor or survivors to complete the said contract, by convey. ing the land so contracted for: and the deed so made and executed, by virtue of the order aforesaid, shall convey as complete and perfect a title, and shall, in all respects, have the same effect, as if the said deed had been executed by all the said coparceners, joint tenants, or tenants in common.
Sec. 3. "That the said petition shall recite the names of all Recitals in pethe contracting parties, the situation, quantity and description tition and deed of the lands so contracted for, and the time of making such contract; and the deed to be made by virtue of the order aforesaid, shall recite the said order: and it shall be the duty of the clerk of the said court to record the said petition at length, and the order thereon granted.
Sec. 4. That when it may be necessary to petition the Petition may be court of common pleas, for an order to execute any contract pret for the conveyance of any tract of land through wbich any any part of the county line may run, or of tracts of land situate in two or more land may lie counties, the petition may be presented to the court of either county in which any part of such tract may be situated; and such court shall have the same power to hear and determine such petition, and grant the same order thereon, as though such tractor tracts lay entirely in such county. Sec. 5. That if any person or persons who have, or shall, Executors and
administrators enter into any contract in writing, for the sale and conveyance a
conveyance may in like man. of land or other real property, and before the completion of ner petition to such contract on his, her or their part, have, or shall die, leav- complete the con ing heirs under the age of twenty-one years, or otherwise; and or intestate the executor or executors, administrator or administrators, or other legal representatives of such person or persons so deceased, or who may hereaster die, may or shall be desirous of completing such contract or contracts, for and on behalf of such heirs: such executor, administrator, or other legal representatives, may petition the court of common pleas, of that county in which the lands or real property or any part thereof shall be situated, particularly stating the contracts in like manner as is
preferred in the
tracts of testator
der a deed on
shall be bound
provided in the case of survivor or survivors; and the lieirs at law,
devisees or other legal representative or representatives of the Ileirs or repre. deceased vendor or vendors, when not petitioners, shall be made sentatives of defendants to the said yetition, and shall be notified of the penvendor lo be de. fendants and dency thereof, as hereinafter provided : and the same orders and have notice regulations shall be made and pureued, as is hereinabove provi
ded and pointed out, in case of a survivor or survivors. .
Sec. 6. That upon sufficient proof of such contract having
been made and entered into, being given, to the satisfaction of Court shall are
in the said court, an order of the court shall be made, authorizing beha'r of the and appointing the executors, administrators, or other legal re. heirs, and they presentatives of surh deceased person, or such other persons as thereby
the said court of common pleas may decm suitable and proper, fully to complete the said contract or contracts, of such dereas. ed person or persons, and to make and execute a deed or deeds of conveyance, for and on behalf of the heir or heirs of such deceased person or persons, according to the terms and stipu: lations of such contract or contracts: and the person or persons. so authorized by the said court of common pleas, as aforesaid, shall pursue the same rules in making a conveyance, as are provided in case of a survivor or survivors: and such conveyance, when made according to the provisions of this act, shall be binding upon such heirs, and all other persons interested, in the same manner as though the conveyance bad been made by the person or persons making such contract or contracts, in his, her or their life time.
Sec. 7. That if any person or persons who have entered, fleira may com. or shall hereafter enter, into any written contract, for the purpel specific per- chase of any land or other real property, bas died, or shall die, tracis, for the leaving an heir or heirs; such heir or heirs, bis, ber or their purchase of real guardian or guardians, may compel the conveyance of such
land, in the same manner as such person might have done, agreeably to the provisions of this act.
Sec. 8. That it shall be the duty of the said court, before Decedent's por the granting of the order aforesaid, to secure, or cause to be tion of purchase money to be se. secured, to and for the benefit of the estate or estates of the
said deceased party or parties, their just part and proportion ci the consideration of the said contract: and the person petitioning for such order, shall pay to the clerk of the said court, for
making the necessary entries, the sum of twentyfive cents; lees and if the said order be granted, the further sum of ten cents
for every hundred words contained in the said petition and order, for recording the same.
Sec. 9. That no petition, filed in court under the provisions Notice of the of the fifth section of this act, shall be heard by the court, unTrendency and
ho less satisfactory proof shall be first made to the court, that nog petition, how tice of the pendency and prayer of such pctition has been per
sonally served on the parties interested, or published for three successive weeks in some newspaper circulating in the county where such petition may be pending,
formance of con
prayer of the
Sec. 10. That the act, entitled " An act providing for the Acts ropeamet execution of real contracts in certain cases," passed January 10, 1810; and the act to amend the act, entitled “ An act providing for the execution of real contracts in certain cases, passed January, 1828; be, and the same are bereby repealed.
This act to take effect and be in force from and after the irst day of June next.
JAMES M. BELL,
Speaker of the Senate..
AN ACT for the relief of occupying claimants of land,
Sec. i. Be it enacted by the General Assembly of the State of Ohio, That in all cases where any occupying claimant being in
1 In what cases OG quiet possession of any lands or tenements, for which such person arts of land can show a plain and connected title, in law or equity, derived sbale from the records of some public office; or being in quiet posses- paid for in: sion of, and holding the same, by deed, devise, descent, contract, provements bond or agreement, from ind under any person claiming title, as aforesaid, derived from ti e records of some public office, or by deed duly authenticated and recorded; or being in quiet possession of, and holding the same under sale on execution, against any person claiming title as aforesaid, derived from the records of some public office, or by deed duly authenticated and recorded; or being in possession of, and holding any land under any sale for taxes, authorized by the laws of this State, or the laws of the Territory northwest of the river Ohio; or any person in quiet possession of any land, claiming title thereto, and holding the same under a sale and conveyance made by executors, administrators or guardians, or by any other person or persons, in pursuance of any order of court or decree in chancery, where lands are, or have been directed to be sold; and the purchaser or purchasers thereof, have obtained title to and possession of the same, without any fraud or collusion on his, her or their part; shall not be evicted or turned out of possession, by any person or persons who shall set up and prove an adverse and better title to said lands, until said occupying claimant, his, her or their heirs, shall be fully paid the value of all lasting and valuable improvements made on said land, by such occupying claimant, or by the person or persons under whom he, she or they may hold the same, previous to receiving actual notice, by the commencement of suit on such adverse claim, by which such eviction may be effected, unless such occupying claimant shall refuse to pay the person so setting up and proving an adverse and better title, the value of the land, without the improvements