Closely akin to sales of lands of persons under disability are sales of settled estates; that is, when the alienation of land in the ordinary ways is impossible because the whole ownership is divided between life tenants and remainder-men, some of whom may be unborn or unascertained, there are in some states statutes which permit the sale of such lands, and the investment of the proceeds in other realty under the same limitations. Such sales are often desirable when the lands are of no beneficial value to the life tenants, or are subject to incumbrances.632 Sales of settled estates cannot be made unless there is a statute authorizing them.633

Same - conveyances Under Decrees

287. The principal eases in which the title to land is transferred under a decree of court are the following:

(a) Partition proceedings (p. 488).

(b) Decrees for specific performance (p. 488).

(c) Sales on execution (p. 489).


It has already been seen that partition is the method of dividing joint estates, so that they may be held in severalty, and that partition may be had against the will of the co-tenants. So, too, it has been seen that a sale will be ordered when the land cannot be divided.634