Section 528.140

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 528

Effective - 28 Aug 1939   

  528.140.  Partitioned lands subject to debts of estate. — Upon judgment of partition in proceedings commenced under this chapter, where the lands, tenements or hereditaments, or any portion thereof, sought to be divided as herein directed, shall have descended to any of the parties in interest, and the court shall not be satisfied either that the estate from which the same has descended has been finally settled, and all claims against the same fully discharged, or that the personal property, or other real property not already partitioned, belonging to such estate, is more than sufficient to pay all claims and demands against the same, the order of distribution shall not apply to nor take effect upon any of the lands, tenements or hereditaments allotted, or the share of the proceeds of any sale adjudged to the parties whose interest shall have so descended, until such estate shall have been finally settled and all claims against the same fully discharged; and until such final settlement, the interest of all parties in such lands, tenements or hereditaments, or in the proceeds of sale in cases where sale has been ordered, shall remain and be subject to the claims against the same.

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(RSMo 1939 § 1722)

Prior revisions: 1929 § 1558; 1919 § 2006; 1909 § 2570