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Section 21-45-27 - Lien on undivided interest chargeable to share allocated--Partition costs preferred.

21-45-27. Lien on undivided interest chargeable to share allocated--Partition costs preferred. When a lien is on an undivided interest or estate of any of the parties, such lien, if a partition be made, shall thenceforth be a charge only on the share assigned to such party; but such share must first be charged with its just proportion of the costs of the partition, in preference to such lien.

Source: CCivP 1877, § 565; CL 1887, § 5379; RCCivP 1903, § 604; RC 1919, § 2815; SDC 1939 & Supp 1960, § 37.1428.

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