Section 35-6-55

Partition not made when adverse claim or title asserted.

No division or partition or sale for distribution can be made under this article, in the probate court when an adverse claim or title is asserted by anyone, or brought to the knowledge of the commissioners, or of the judge of probate.

(Code 1852, §2690; Code 1867, §3118; Code 1876, §3512; Code 1886, §3251; Code 1896, §3176; Code 1907, §5220; Code 1923, §9320; Code 1940, T. 47, §208.)