40-22-2
Section 40-22-2 Mortgages, deeds of trust, etc., generally. No mortgage, deed of trust, contract
of conditional sale, or other instrument of like character which is given to secure the payment
of any debt which conveys any real or personal property situated within this state or any
interest therein or any security agreement or financing statement provided for by the Uniform
Commercial Code, except a security agreement or a financing statement relating solely to security
interests in accounts, contract rights, or general intangibles, as such terms are defined
in the Uniform Commercial Code, and except for the re-recordation of corrected mortgages,
deeds, or instruments executed for the purpose of perfecting the title to real or personal
property, specifically, but not limited to, corrections of maturity dates thereof, shall be
received for record or for filing in the office of any probate judge of this state unless
the following privilege or license taxes shall have been paid upon such...
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11-51-64
Section 11-51-64 Proceedings for sale of land for payment of taxes - Execution of deed to purchaser.
The judge of probate of the county in executing a tax deed to a purchaser under the provisions
of law in regard to state and county taxes shall by the deed convey to and vest in the grantee
the lien and claim of such municipality as well as the lien and claim of the state and county.
(Acts 1931, No. 300, p. 337; Acts 1939, No. 57, p. 67; Code 1940, T. 37, §721.)...
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18-1A-286
Section 18-1A-286 Appeal to circuit court upon denial of application by probate court. If the
probate court refuses to grant the application, the applicant shall have a right of appeal
to the circuit court upon giving security for costs, to be approved by the judge of probate,
and upon such appeal the trial shall be de novo. Upon any appeal taken to the circuit court
under this section, if such circuit court determines that the application should be granted,
it shall immediately proceed either to have the damages and compensation assessed as provided
in Section 18-1A-151 or grant the condemnor the right of entry upon deposit of the amount
of its approved offer into circuit court together with a bond in double the amount as provided
in Section 18-1A-284. In such latter event the valuation issue shall be determined as provided
in Section 18-1A-151 as may be set by the circuit court. (Acts 1985, No. 85-548, p. 802, §1617.)...

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42-2-7
Section 42-2-7 Commissioners for assessment of damages and compensation - Appointment; notice
to commissioners; duties. If the application is granted, the judge of probate must appoint
three citizens of the county in which the lands sought to be condemned are situated, who shall
possess the qualifications of jurors, who shall be disinterested and who shall be required
to file a certificate along with their award that neither of them had ever been consulted,
advised with or approached by any person in reference to the value of the lands or the proceedings
to condemn the same, prior to the assessment of the damages, and that they knew nothing of
the same before their appointment. The judge of probate is authorized to fill any vacancy
occasioned by the death, resignation, failure to act or any disqualification of any such commissioners
from interest, prior knowledge of the subject matter or by being consulted, advised with or
approached in reference to the condemnation of such lands prior...
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11-51-61
Section 11-51-61 Proceedings for sale of land for payment of taxes - Decree of sale. The decree
for tax sales rendered by the probate judge under the provisions of law in regard to state
and county taxes shall embrace taxes due to such municipalities, showing the aggregate amount
due to the state, county, and municipality and showing what amount is for the municipality
and the tax year of the municipality for which the same is due it. (Acts 1931, No. 300, p.
337; Acts 1939, No. 57, p. 67; Code 1940, T. 37, §718.)...
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11-81-59
Section 11-81-59 Election contest - Authorized; bond required. Any election held under the
provisions of this article can be contested by any qualified elector of the municipality by
executing a bond with sufficient security, to be approved by the judge of probate of the county,
for the payment of the costs of the contest. (Acts 1927, No. 478, p. 534; Code 1940, T. 37,
§283.)...
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18-2-13
Section 18-2-13 Time for payment of assessment upon grant of application; effect of failure
to make payment. If the application is granted, the applicant must, within three months thereafter,
pay to the several owners or to the judge of probate for their use, the sums severally assessed,
and a failure to make payment within such time operates as a revocation of the grant. (Code
1852, §2104; Code 1867, §2496; Code 1876, §3570; Code 1886, §3196; Code 1896, §1739;
Code 1907, §3900; Code 1923, §7519; Code 1940, T. 19, §45.)...
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35-6-63
Section 35-6-63 Sale instead of partition - Payment and distribution of purchase money. Such
commissioner may discharge himself from all liability for money received by him for the property
sold, by paying over the same to the judge of probate, after deducting therefrom the costs
and expenses attending the sale, including commissions to him at the same rate that executors
or administrators receive for collecting, but in no case more than $100.00; and such net proceeds
must be distributed by the judge of probate among the persons entitled thereto, according
to their respective interests. (Code 1867, §3125; Code 1876, §3519; Code 1886, §3258; Code
1896, §3183; Code 1907, §5227; Code 1923, §9327; Code 1940, T. 47, §215.)...
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42-2-9
Section 42-2-9 Appeal from assessment of damages. Either party may appeal from the assessment
of damages and compensation by the commissioners to the circuit court of the county within
30 days after the making of the order of condemnation, upon the report of the commissioners,
by filing in the court rendering the judgment a written notice of appeal, a copy of which
shall be served on the opposite party, and on such appeal the trial shall be de novo. No appeal
shall suspend the judgment if the applicant shall pay into court in money the amount of damages
assessed and give bond in double the amount so assessed, with good and sufficient surety,
to be approved by the judge of probate, to pay such damages as the owner may sustain. (Code
1907, §2423; Code 1923, §3157; Code 1940, T. 59, §13.)...
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6-6-337
Section 6-6-337 Proceedings upon determination for either plaintiff or defendant. (a) If the
judge determines in favor of the plaintiff, he must record the decision and enter judgment
with costs, upon which he must issue a writ of execution commanding the sheriff or the constable
to restore the plaintiff to possession or place him in possession of his lands and tenements
according to complaint and to levy on and sell a sufficiency of the defendant's goods and
chattels, lands and tenements to satisfy the costs of the proceedings. Successive writs may
issue at any time when necessary to eject defendant or collect costs and damages, and a defendant
who refuses to obey the mandate of the writ as to the possession of the property or who enters
upon the premises without just cause or legal excuse after being ejected shall be guilty of
resisting an officer and contempt of court and shall be punished and fined accordingly, in
the discretion of the court issuing the process. (b) If the judge...
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