§46‑26. Sale of mineral interests on partition.
In case of the partition ofmineral interests, in all instances where it is made to appear to the courtthat it would be for the best interests of the tenants in common, or jointtenants, of such interests to have the same sold, or if actual partition of thesame cannot be had without injury to some or all of such tenants (in common),then it is lawful for and the duty of the court to order a sale of such mineralinterests and a division of the proceeds as the interests of the parties mayappear. (1905, c. 90, s. 2; Rev., s. 2507; C.S., s. 3237.)