(a) On any complaint for the sale of real or personal property, the court in which the case is pending may make any order necessary to protect the rights of all parties in interest and to carry the sale into effect.

(b) On any such complaint, the court may appoint a committee to make the sale, who shall pay into court the proceeds therefrom. The proceeds from the sale, after deducting such reasonable costs and expenses as the court directs, shall be distributed by order of court among all persons interested in the property, in proportion to their interests.

(c) If the names or residences of any of the parties entitled to share in the fund are unknown to the court and cannot be ascertained, it shall make such order relative to the custody or investment of the share of the unknown parties as it deems reasonable.

(1949 Rev., S. 8238; P.A. 82-160, S. 192.)

History: P.A. 82-160 replaced “estate” with “property”, rephrased the section and inserted Subsec. indicators.

Court should distribute fund on equitable principles; sale subject to mortgage. 74 C. 16. Sale where holder of recorded, unexpired option to purchase interest of one joint owner is made codefendant. 97 C. 517. Cited. 134 C. 177; 157 C. 593; 189 C. 490; 224 C. 219.

Cited. 5 CA 142; 10 CA 198; 17 CA 4; 23 CA 129; 26 CA 149.

Cited. 14 CS 170; 19 CS 421; 29 CS 465.

Subsec. (b):

Court did not abuse its discretion in enforcing foreign domesticated judgment in distribution of partition proceeds without judgment creditor bringing a postjudgment action to enforce such judgment. 86 CA 617.