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ions hereinafter contained, to be invested for the benefit of unknown owners, infants, parties out of the state, or tenants in dower, or by the curtesy or for life or years, when the estate of such tenants is ordered to be sold.

§ 948. The referees may take separate mortgages and other securities, for the whole or convenient portions of the purchase money, of such parts of the property as are directed by the court to be sold on credit, in the name of the clerk of the court and his successors in office, and for the shares of any known owner of full age, in the name of such owner.

§ 949. When the estate of a tenant in dower, or by the curtesy, or for life or years, in the whole or any part of the property in question, has been admitted by the parties, or ascertained by the court, to be existing at the time of the order for sale, and the person entitled to such estate, has been made a party to the action, such estate may be first set off out of any part of the property, and a sale made of such parcel, subject to the prior unsold estate of such tenant therein. But if in the judgment of the court, a due regard to the interests of all the parties, require that such estate be also sold, the sale may be so ordered.

§ 950. If a sale of the property, including such estate, be ordered, the estate and interest of every such tenant or person passes thereby; and the purchaser, his heirs and assigns, shall hold the property discharged

from all claims, by virtue of such estate or interest, whether the same be to the individual share of a joint tenant, or tenant in common, or to the whole or any part of the property sold.

§ 951. The persons entitled to such estate in dower, tenancy by the curtesy, or tenancy for life or years, whose estate shall have been sold, are entitled to receive such sum in gross, as may be deemed, upon principles of law applicable to annuities, a reasonable satisfaction for such estate, and which the person so entitled may consent to accept instead thereof, by an instrument under seal, duly acknowledged or proved, in the same manner as deeds for the purpose of record.

§ 952. If such consent be not given, at or before the report of sale, the court must ascertain and determine what proportion of the proceeds of the sale, after deducting expenses, will be a just and reasonable sum to be invested, for the benefit of the person entitled to such estate, in dower, by the curtesy, or for life; and must order the same to be deposited in court for that purpose.

§ 953. The proportion of the proceeds of the sale to be invested must be ascertained and determined in the several cases as follows:

1. If an estate in dower be included in the order of sale, its proportion must be one-third of the proceeds of the sale of the property, or of the sale of the individual [CIVIL CODE.]

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share in such property, upon which the claim of dower existed:

2. If an estate by the curtesy, or other estate for life or years, be included in the order of sale, its proportion must be the whole proceeds of the sale of the property, or of the sale of the undivided share thereof, in which such estate may be:

And in all cases, the proportion of the expenses of proceedings must be deducted from the proceedsof the the sale.

§ 954. If the persons entitled to such estate in dower, by the curtesy, or for life or years, be unknown, the court must provide for the protection of their rights in the same manner, as far as may be, as if they were known and had appeared.

§ 955. In all cases of sales in partition, when it appears that a married woman has an inchoate right of dower in any of the property divided or sold, or that any person has a vested or contingent future right or estate therein, the court must ascertain and settle the proportional value of such inchoate, contingent, or vested right or estate, according to the principles of law applicable to annuities and survivorships, and must direct such proportion of the proceeds of the sale to be invested, secured, or paid over, in such manner, as to protect the rights and interests of the parties.

§ 956. A married woman may release such right, interest or estate, to her husband, and acknowledge the same in the manner required by law, in respect to the acknowledgment of deeds by married women, before any officer authorized to take acknowledgment of deeds, or if executed out of this state, before any officer residing in the state, district or county, where the acknowledgment is made, who is authorized to take the acknowledgment of deeds, to be recorded in this state. Upon the release, the share of the proceeds of the sale, arising from her contingent interest, must be paid to her husband, and the release, or the payment, investment, or otherwise securing of, a share of the proceeds of a sale, shall be a bar against such right, estate, or claim.

§ 957. The terms of the sale must be made known at the time; and if the premises consist of distinct farms, or lots, they must be sold separately.

§ 958. Neither of the referees, nor any person for the benefit of either of them, can be interested in the purchase; nor can a guardian of an infant party be interested in the purchase of any real property, being the subject of the action, except for the benefit of the infant. All sales contrary to the provisions of this section are void.

§ 959. After completing the sale, the referees must report the same to the court, with a description of the different parcels of land sold to each purchaser, the

name of the purchaser, the price paid or secured, the terms and conditions of the sale, and the securities if any taken. The report must be filed in the office of the clerk of the county, where the property is situated.

§ 960. If the sale be confirmed by the court, an order must be entered, directing the referees to execute conveyances and take securities pursuant to such sale; which they are hereby authorized to do. Such order may also give directions to them respecting the disposition of the proceeds of the sale.

§ 961. When a party entitled to a share of the property, or an incumbrancer entitled to have his lien paid out of the sale, becomes a purchaser, the referees may take his receipt for so much of the proceeds of the sale as belongs to him, and must also pay over to the plaintiff or his attorney, and take his receipt for, the costs and charges of the action.

§ 962. The conveyances must be recorded in the county, where the premises are situated, and shall be a bar against all persons interested in the property in any way, who shall have been named as parties in the action, and against all such parties and persons as were unknown, if the summons have been served as is directed by section 925, and against all persons claiming from them or either of them.

§ 963. The conveyances shall also be a bar against all persons having specific or general liens or incum

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