Chap. 466.—An ACT to amend and re-enact section 3 of chapter 120
Code of 1873, in regard to partition and the recordation of decrees

of allotment.
Approved March 6, 1886.

1. Be it enacted by the general assembly of Virginia, That
section three of chapter one hundred and twenty of the Code
of eighteen hundred and seventy-three, be amended and re-
enacted so as.to read as follows:
S$ 3. When partition 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 pending or
hereafter brought, in which partition cannot be conveniently
made, if the interests 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, insane
person, or married woman, may order such sale, or such sale
and allotment, 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 co-parciner, to have the
proceeds of such deceased person’s part applied according to
the rights of such creditors. And when there are liens, by
judgment or otherwise, on the interest in the land of any party,
the court may, in case of such sale, on petition of any person
holding a lien, ascertain the liens on the said interest, and ap-
ply the dividend of such party in the 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 three hundred dollars, if such person be an in-
fant, or insane person, or be a married woman whose interest
in the land accrued and whose marriage took place prior to the
fourth day of April, eighteen hundred and seventy-seven,
order the same to be invested in like manner as if the sale were
made under chapter one hundred and twenty-four. If such
dividend does not exceed three hundred dollars, the same shall
be deemed personal estate, and be paid to the guardian of such
infant, committee of such insane person, or to such married
‘woman, as her separate estate, 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 such married woman in the land be
held in trust, her dividend shall be paid to her trustee, to be
held by him upon the same trusts as her interests in the land
was held. A sale of land so made by order of the court shall
operate to bar the contingent right and dower of the wife in
the share of her husband in the land so sold. Every final de-
cree in partition hereafter made under this chapter shall include
the names of all the parties whose interest is disposed of by
said decree, the names of the parties in whom it is vested, and
the description of the land conveyed, and shall be recorded in
the book of deeds of the county or corporation in which such
real estate is situated, and shall vest the title in the person or
persons to whom the several shares are or have been allotted in
as full and ample a manner as if mutual conveyances had been
executed by the parties, or the title had been conveyed by a
commissioner of the court duly authorized.

2. This act shall be in force from its passage.