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An Act to enable part owners of Slaves and other personal property to obtain partition thereof. 1851 20 (1851)

handle is hein.slavery/ssactstx0052 and id is 1 raw text is: were out of the State at-the time of ronieing up judgment, so that application could not be made within the time aforesaid, in-whicli cases injunction may be granted at any time-within two years. Approved, Pecember 24, 1851. CHAPTER XXVI. An Act to enable part owners of Slaves and other personal property to obtain partition thereof. SECTION 1. Be it enacted by the Iegilature of the .State of Texas, That part owners of slaves and otlher personal property may be compelled to make partition bet ,cen them. Zxc. 2. The separate value of the slaves or other personal property, and the allotment in kind, to which each party claim- ing partition shall be entitled, shall be ascertained by the ver- dict of the Jury. Sue. 3. *Where partition, in kind, of slaves or other personal Property, shall be ordered by the judgment of the Court, exe- cution or executions shall be issued to the proper officer or offi- cers of the county or counties where the property may be, coin- muanding hii ovthem to put the Parties iII possession of the Prlo ertly allotted each respectivelly. 9)o. 4. When slaVes or other Personal property will not ad- mutt of partition in kind, the jury shall so find ly their verdict, and at the same time ascertain the proportion of the value of such slaves or other personal property, to which each party shall 1)e entitled respectively. I Sme. '5. In cases provided for in the next preceding section, execution or executions shall be issued to the proper officer or officers of the county or counties where the property may be, commanding him or them to sell the property as in other cases of execution, and pay over the proceeds of sale to the parties,, in proportion ascertained by the judgment of the Court. mo. 6. This act shall not affect the mode of proceeding pre- scribed by law for the partition of estates of deceased persons among the heirs and legatees. pe' ops SEc. 1. This act shall be in force from its passage. Approved, December 24, 1851. ; ,

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