Rule 96.28.Adverse Claim to Proceeds--Procedure.

Rule 96.28 addresses what happens to the money generated by selling a share of property when more than one person claims ownership of that share adversely — the same type of dispute Rule 96.10 anticipates for shares divided in kind. Instead of paying out the proceeds to whichever claimant shows up first, or splitting them without resolving who owns the interest, the rule requires the sheriff or commissioner to hold those funds.

The funds stay with the sheriff or commissioner subject to the order of the court, meaning no distribution happens until the court sorts out which claimant is entitled to the money. This protects everyone involved: it prevents money from being paid to the wrong party, and it prevents a rush to claim funds before the underlying ownership dispute is settled.

This provision mirrors the approach Rule 96.10 takes for shares that remain in kind instead of being sold — allotting or, here, holding the disputed portion separately so the rest of the case, and the rest of the proceeds distribution under Rule 96.27, is not held up by one unresolved claim.