Upon the entry of any order for partition, the court shall appoint one or more disinterested commissioners who shall take oath to fairly and impartially make partition of the property in accordance with the decree of court. Such commissioners shall view the property and make partition thereof in writing, assigning to each party his share, and shall submit the same to the court for confirmation. Objections may be filed by any party within the time fixed by the court.
Source: L. 49: p. 544, § 5. CSA: C. 122, § 28. CRS 53: § 103-1-5. C.R.S. 1963: § 103-1-5.
ANNOTATION
Law reviews. For article, "Partition: A Little-Known Remedy", see 17 Colo. Law. 1063 (1988).
Substitution of commissioner for refusal to serve. Where a commissioner appointed by the court under the provisions of this section to make partition declines to serve, the court may substitute another person in his place without giving notice to the parties, and, if the appointee is objectionable by reason of coming within any of the exceptions enumerated in this section, the objection may be raised after the appointment, or it may be interposed as an objection to the report before its confirmation. Jordan v. McNulty, 14 Colo. 280, 23 P. 460 (1890).
Effect of commissioner's failure to sign report. A commissioner's neglecting to sign and acknowledge the report does not do away with the presumption that he did meet and act with the other commissioners in making the partition. Jordan v. McNulty, 14 Colo. 280, 23 P. 460 (1890).