Question of Sale or Partition; Appointment of a Referee

If it appears by the evidence, whether alleged in the complaint or not, that the property or any part of it is so situated that partition cannot be made without great prejudice to the owners, or where property is subject to a life estate and the remainder is a contingent remainder, the court may, and in the latter case must, order the sale thereof; otherwise, upon the requisite proof being made, it must order a partition according to the respective rights of the COL2102014 CH. 24 ACTIONS IN PARTICULAR CASES parties as ascertained by the court and may appoint a referee or referees therefor, and must designate the portion to remain undivided for the owners whose interests remain unknown, or are not ascertained.