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MARVIN MANDEL, Governor 459
CANNOT BE DIVIDED WITHOUT LOSS OR INJURY TO THE PARTIES
INTERESTED, THE COURT MAY DECREE ITS SALE AND DIVIDE THE
MONEY RESULTING FROM THE SALE AMONG THE PARTIES ACCORDING
TO THEIR RESPECTIVE RIGHTS. THE RIGHT TO A PARTITION OR
SALE INCLUDES THE RIGHT TO A PARTITION OR SALE OF ANY
SEPARATE LOT OR TRACT OF PROPERTY, AND THE BILL OR
PETITION NEED NOT PRAY FOR A PARTITION OF ALL THE LOTS OR
TRACTS.
(B) MINORS, DISABLED, AND NONRESIDENTS.
THIS SECTION APPLIES REGARDLESS OF WHETHER ANY
PARTY, PLAINTIFF, OR DEFENDANT IS A MINOR, DISABLED, OR A
NONRESIDENT.
(C) DEED.
A SALE AND DEED MADE PURSUANT TO AN ORDER OF THE
COURT IN THE EXERCISE OF THE POWER PROVIDED IN THIS
SECTION IS GOOD AND SUFFICIENT AT LAW TO TRANSFER
PROPERTY OF THE PERSON. A DEED EXECUTED IN EXERCISE OF
THE ABOVE POWER PROVIDED IN THIS SECTION SHALL BE
EXECUTED BY THE PERSON THE COURT APPOINTS FOR THE
PURPOSE.
(D) ENCUMBRANCE ON PROPERTY.
IF ANY BILL OR PETITION IS FILED UNDER THE
PROVISIONS OF THIS SECTION FOR THE SALE OF PROPERTY, ANY
PERSON HOLDING A MORTGAGE, OTHER ENCUMBRANCE ON THE
PROPERTY, OR AN UNDIVIDED INTEREST IB THE PROPERTY MAY BE
MADE A PARTY TO THE BILL, AND THE PROPERTY SHALL BE SOLD
FREE AND CLEAR OF THE MORTGAGE OR OTHER ENCUMBRANCE.
HOWEVER, THE RIGHTS OF A LIENOR SHALL BE PROTECTED IN THE'
DISTRIBUTION OF THE PROCEEDS OF THE SALE.
REVISOR'S NOTE: This section presently appears as
Art. 2 1, §14-107 of the Code. It is divided
into subsections for organizational purposes.
In subsection (a), the present reference to
"any right, interest or estate or property" is
proposed for deletion as unnecessary in light
of the preceding reference to "property" and
the definition in §1—101(k). The only other
changes are in style.
14-108. QUIETING TITLE.
(A) CONDITIONS.
ANY PERSON IN ACTUAL PEACEABLE POSSESSION OF
PROPERTY, OR, IF THE PROPERTY IS VACANT AND UNOCCUPIED,
IN CONSTRUCTIVE AND PEACEABLE POSSESSION OF IT, EITHER
UNDER COLOR OF TITLE OR CLAIM OF RIGHT BY REASON OF HIS
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