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South Carolina · Through 2025 Session of the General Assembly

S.C. Code Ann. § 15-61-100: Sale may be ordered without writ upon testimony taken.

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Where this section sits in the code
  1. Title 15 - CIVIL REMEDIES AND PROCEDURES
  2. CHAPTER 61 Partition
  3. ARTICLE 1 General Provisions

Nothing in Rule 71, South Carolina Rules of Civil Procedure, concerning partition actions, shall be construed to affect the power of a court hearing a partition action to dispense with the issuing of a writ of partition when, in the judgment of the court, it would involve unnecessary expense to issue such writ. And the court may in all proceedings in partition, without recourse to such writ, determine by means of testimony taken before the proper officer and reported to the court whether a partition in kind among the parties be practicable or expedient and, when such partition cannot be fairly and equally made, may order a sale of the property and a division of the proceeds according to the rights of the parties.

Collected 2026-09-02T06:42:44Z. Source file · JSON

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