Minnesota Legislature
Office of the Revisor of Statutes
2007 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
558.15 LIENS; NEW PARTIES; NO SALE, WHEN.
Proof shall be made of the existence, amount, and priority of any liens on the property of
which partition is sought in such manner and upon such notice to those interested as the court
shall direct. When any person having a lien has not been made a party, the court may make an
order requiring that person to appear and become a party defendant, and no such person can be
affected by a sale unless made a party. If there are liens on the property amounting to more than its
value as alleged in the complaint, or if it appears probable after examination that the property will
not sell for a sum in cash equal to the amount of such liens, with costs and expenses, no sale shall
be ordered; but, if such liens do not amount to the value of the property as admitted or proved,
the court may order a sale, and in such case the sale shall not be delayed by the proceedings to
ascertain the priority of the liens.
History: (9538) RL s 4406; 1986 c 444
Proof shall be made of the existence, amount, and priority of any liens on the property of
which partition is sought in such manner and upon such notice to those interested as the court
shall direct. When any person having a lien has not been made a party, the court may make an
order requiring that person to appear and become a party defendant, and no such person can be
affected by a sale unless made a party. If there are liens on the property amounting to more than its
value as alleged in the complaint, or if it appears probable after examination that the property will
not sell for a sum in cash equal to the amount of such liens, with costs and expenses, no sale shall
be ordered; but, if such liens do not amount to the value of the property as admitted or proved,
the court may order a sale, and in such case the sale shall not be delayed by the proceedings to
ascertain the priority of the liens.
History: (9538) RL s 4406; 1986 c 444
Official Publication of the State of Minnesota
Revisor of Statutes