Chap. 393.—An ACT to amend and re-enact section 5281 of the Code of Vir-
ginia, as amended, relating to partitions. [H B 135]

Approved March 23, 1928

1. Be it enacted by the general assembly of Virginia, That section
fifty-two hundred and eighty-one.of the Code of Virginia, as amended,
be amended and re-enacted so as to read as follows:

Section 5281. When partition cannot be made, there may be allot-
ment or sale; proceedings in case of sale; how proceeds distributed
or invested; effect of sale on right of curtesy and dower. When parti-
tion cannot be conveniently made, the entire subject may be allotted
to any party who will accept it, and pay therefor to the other parties
such sums of money as their interest therein may entitle them to; or
in any case now pending or hereafter brought, in which partition can-
not be conveniently made, if the interest of those who are entitled to
the subject, or its proceeds, will be promoted by a sale of the entire
subject, or allotment of part and sale of the residue, the court, not-
withstanding any of those entitled may be an infant or insane person,
may order such sale, or an allotment of a part thereof to any one or
more of the parties who will accept it and pay therefor to the other
parties such sums of money as their interest therein may entitle them
to, and a sale of the residue, and make distribution of the proceeds of
sale, according to the respective rights of those entitled, taking care,
when there are creditors of any deceased person who was a tenant in
common, joint tenant, or coparcener, to have the proceeds of such de-
ceased person’s part applied according to the rights of such creditors.
And when there are liens by judgment or otherwise on the interest of
any party, the court may, on the petition of any person holding a lien,
ascertain the liens, and apply the dividend of such party in proceeds of
sale to the discharge thereof, so far as the same may be necessary.
The court making an order for sale shall, when the dividend of a party
exceeds fifteen hundred dollars if such party be an infant or insane,
order the same to be invested as the proceeds of a sale under chapter
two hundred and seventeen are required to be invested. If such divi-
dend does not exceed fifteen hundred dollars the same shall be paid
to the guardian of such infant, or committee of such insane person,
the court being first satisfied that such guardian or committee has given
bond in sufficient penalty and with sureties sufficient for the security
of the same; but if the interest of any person be held in trust, the
dividend of such person, whether greater or less than fifteen hundred
dollars, shall be paid to the trustee, upon his giving bond as trustee,
with sufficient surety, to be held by him upon the same trusts as the
interest of such person in the land was held. A sale of land so made
by order of the court shall operate to bar the contingent right of dower
of the wife in the share of her husband in the land so sold, and to bar
the right of curtesy of the husband in the share of his wife in the land
so sold, whether said wife in the first instance or the husband in the
second instance, be made party to the suit or not.

All partitions heretofore had, where the proceedings conformed to
the law as it existed prior to the amendment of this section by an act
approved March twenty-seventh, nineteen hundred and twenty-two,
although they did not conform to this section as it read under the
amendment of nineteen hundred and twenty-two, as aforesaid, are
hereby validated; but nothing in this validating clause shall be con-
strued as intended to affect vested rights.