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PARTITION ACT 1876 - SECT 5

Provision for case of successive sales in same action.

5. Where in an action for partition two or more sales are made, if any person
who has by virtue of this Act been excluded from participation in the proceeds
of any of those sales establishes his claim to participate in the proceeds of
a subsequent sale, the shares of the other persons interested in the proceeds
of the subsequent sale shall abate to the extent (if any) to which they were
increased by the non-participation of the excluded person in the proceeds of
the previous sale, and shall to that extent be applied in or towards payment
to that person of the share to which he would have been entitled in the
proceeds of the previous sale if his claim thereto had been established in due
time.

© 1876 Crown Copyright

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