SEC. 275. The Court may order a sale or partition, and appoint referees therefor. 276. Partition shall be made according to the rights of the parties as determined by the Court. 277. Referees shall make a report of their proceedings. 278. The Court may set aside or affirm report, and enter judgment thereon. Upon whom judgment to be conclusive. 279. Judgment shall not affect tenants for years to the whole property. 280. Expenses of partition shall be apportioned among the parties. 281. A lien on an undivided interest of any party shall be a charge only on the share assigned to such party. 282. Estate for life or years may be set off in a part of the property not sold, when not all sold. 283. Application of proceeds of sale of encumbered property. 284. Party holding other securities may be required first to exhaust them. 285. Proceeds of sale, disposition of. 286. When paid into Court, the cause may be continued 290. Tenants whose estate has been sold shall receive com pensation. 291. The Court may fix such compensation. 292. The Court shall protect tenants unknown. 293. The Court shall ascertain aud secure the value of future contingent or vested interests. 294. Terms of sale shall be made known at the time. Lots shall be sold separately. 295. Who may not be purchasers. 296. Referees shall make a report of the sale to the Court. 297. If confirmed, conveyances may be executed. 298. Proceeding if a lien-holder become a purchaser. 299. Conveyances shall be recorded, and will be a bar against parties. SEC. 300. Proceeds of sale belonging to parties unknown shall be invested for their benefit. 301. Investment shall be made in the name of the Clerk of the county. 302. When the interests of the parties are ascertained, securities shall be taken in their names. 303. Duties of the Clerk making investments. 304. When unequal partition is ordered, compensation may be adjudged in certain cases. 305. The share of an infant may be paid to his guardian. 306. The guardian of an insane person may receive the proceeds of such party's interest. 307. A guardian may consent to partition without action, and execute releases. 308. Costs of partition a lien upon the shares of the par ceners. 309. The Court by consent may appoint a single referee. § 264. Who may bring actions for partition. [1854.] When several persons hold and are in possession of int tenants. or as tenants in common, in which possession of real property as parceners, joint ten- tate of inheritance, or for life or Sec. 264. When several co-tenants hold and are in ants or tenants in common, in which one or more of them have an estate of inheritance, or for life or lives, or for years, an action may be brought by one or more be brought by one or more of of such persons for a partition thereof according to the reof, according to the respective respective rights of the persons interested therein, and for a sale of such property, or a part thereof. if it ap- therein; and for a sale of such pear that a partition cannot be made without great prejudice to the owners. property, or a part of it, if it appear that a partition cannot be made without great prejudice to the owners. 1. The right of partition existing in the cotenant may be exercised at any time, and may result in the loss to the grantee of the particular parcel conveyed to him. Stark v. Barrett, 15 Cal. 361. 2. One tenant in common out of possession may, in equity, as a collateral incident to a claim for partition, compel his cotenant in possession to account for rents and profits received by him from tenants of the premises. State of California v. Poulterer, 16 Cal. 514. 3. Two corporations cannot hold land together as joint tenants. De Witt v. City of San Francisco, 2 Cal. 289. § 265. The interests of all parties shall be set forth in the complaint. The interests of all such persons in the property, whether such persons be known or unknown, shall be set forth in the complaint specifically and particularly, as far as known to the plaintiff; and if one or more of the parties, or the share or quantity of interest of any of the parties, be unknown to the plaintiff, or be uncertain or contingent, or the ownership of the inheritance depend upon an executory devise, or the remainder be a contingent remainder, so that such parties cannot be named, that fact shall be set forth in the complaint. Sec. 266. No person having a conveyanc ing a lien on the property or some part made a party to the action unless such c lien appear of record. Tien-holders not of record need not be made parties. Sec. 267. Immediately after the filing i in the District Court the plaintiff shal Recorder of the county or of the seve which the property is situated, either complaint or a notice of the pendency containing the name of the parties tan is t rhea any ternge, stage perh any and I and s fit fo liens upon the property, by need be made parties to the rs of record. the object of the action and a descriptio, carbotice of lis pendens. erty to be effected thereby. From the t 28 inj it shall be deemed notice to all persons. dedia Immediately after filing the complaint, the plaintiff shall file with the Recorder of the county in which the property is situated, a notice of the pendency of the action, containing the names of the parties so far as known, the object of the action, and a description of the property to be affected thereby. From the time of the filing it shall be deemed notice to all persons. 1. A purchaser of real property, pending suit affecting the title to it, is not bound by the judgment, unless notice of lis pendens be filed with the County Recorder before the purchase. Richardson v. White, 18 Cal. 102. 2. Query: Whether actual notice of lis pendens would be equivalent to notice filed with the Recorder? Id. § 268. Summons shall be directed to all persons interested in the property. The summons shall be directed to all the joint tenants and tenants in common, and all persons having any interest in, or any liens of record by mortgage, judgment or otherwise, upon the property, or upon any particular portion thereof; and generally, to all persons unknown, who have or claim any interest in the property. 1. Two corporations cannot hold land together as joint tenants. De Witt v. City of San Francisco, 2 Cal. 289. § 269. Unknown parties may be served by publication. If a party having a share or interest is unknown, or any one of the known parties reside out of the State, or cannot be found therein, and such fact is made to appear by affidavit, the summons مرد may be served on such absent or unknown party, by publication, as in other cases. When publication is made, the summons, as published, shall be accompanied by a brief description of the property which is the subject of the action. See § 31. § 270. Answer of defendants, what to contain. The defendants who have been personally served with the sum Sec. 270. The defendants who have been personally served with the summons and a copy of the complaint, complaint, shall set forth in their or who shall have appeared without such serv vice, shall set forth in their answers, fully and particu- he nature and extent of their inlarly, the origin, nature and extent of their respective interests in the property; and if such defendants claim uch defendants claim a lien upon a lien on the property by mortgage, judgment or other wise, they shall correctly state the original amount and nent or otherwise, they shall state date of the same, and the true sum remaining due thereon; also, whether the same has been secured in e, and the amount remaining due any other way or not; and if secured, the nature and have waived their right to such lien. any other way or not; and if secured, the extent and nature of the security; or they shall be deemed to have waived their right to such lien. 1. Guardians ad litem, appointed to represent an infant in a case of partition, have power to defend for the infant solely against the claim set up for partition of the common estate. Waterman v. Lawrence, 19 Cal. 210. 2. The proceeding for partition is a special proceeding, and the statute prescribes its course and effect; and though, after jurisdiction has attached, errors in the course of the cause cannot be collaterally shown to impeach a judgment, yet, so far at least as the rights of infants are involved, the Court has no jurisdiction, except over the matter of partition. Id. § 271. The rights of all parties may be ascertained in the action. The rights of the several parties, plaintiffs as well as defendants, may be put in issue, tried and determined by such action; and when a sale of the premises is necessary, the title shall be ascertained by proof to the satisfaction of the Court, before the judgment of sale shall be made; and where service of the complaint has been made by publication, like proof shall be required of the right of the absent or unknown parties, before such judgment is rendered; except that where there are several unknown persons having an interest in the property, their rights may be considered together in the action, and not as between themselves. § 272. [1862.] Repealed. Sec. 272. Whenever from any cause it shall have become, in the opinion of the Court, impracticable or nighly inconvenient to make a complete partition in the first instance among all the parties in interest, it shall be lawful for the Court to first ascertain and determine the shares or interest respectively held by the original co-tenants, and thereupon to degree and cause a partition to be made, as if such original co-tenants were the parties and sole parties in interest and the only parties to the action, and thereafter to proceed in like manner to decree and make partition separately of each share or portion so ascertained and allotted, as between those claiming under the original tenant to whom the same shall have been so set apart, or allow § 273. Lien-holders shall be made parties, or a referee be appointed to ascertain their rights. [1862.] If it shall appear to the Court, by the certificate of the County Recorder, or County Clerk, or by the sworn or verified statement of any person who may have examined or searched the records, that there are outstanding liens or incumbrances of record upon such real property, or any part or portion thereof, which existed and were of record at the time of the commencement of said action, and the persons holding such liens are not made parties to the action, the Court shall either order such persons to be made parties to the action, by an amendment or supplemental complaint, or appoint a referee to ascertain whether or not such liens or incumbrances have been paid, or if not paid, what amount remains due thereon, and their order among the liens or incumbrances severally held by the said persons and the parties to the said action, and whether the amount remaining due thereon has been secured in any manner, and if secured, the nature and extent of the security. § 274. Lien-holders shall be notified to appear before the referee appointed. The plaintiff shall cause a notice to be served a reasonable time previous to the day for appearance before the referee appointed, as provided in the last section, on each person having outstanding liens of record, who is not a party to the action, to appear before the referee at a specified time and place, to make proof by his own affidavit or otherwise of the true amount due, or to become due, contingently or absolutely thereon. In case such person be absent, or his residence be unknown, service may be made by publication, or notice to his agents, under the direction of the Court, in such manner as may be proper. The report of the referee thereon shall be made to the Court, and shall be confirmed, modified, or set aside, and a new reference ordered, as the justice of the case may require. § 275. The Court may order a sale or partition and appoint referees therefor. If it be alleged in the complaint, and be established by evidence, or if it appear by the evidence without such allegation in the complaint, to the satisfaction of the Court, that the property, or any |