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30-4-36
Section 30-4-36 Disposal of interest in real estate by spouse of insane person - Effect of
judgment. Upon the entering of the judgment authorizing a married person whose spouse is insane
to sell, convey, mortgage or otherwise dispose of real estate as if single, such married person
shall have the right to sell, convey, mortgage or otherwise dispose of any or all interests
in real estate as if single for a period specified in said judgment. (Acts 1933, Ex. Sess.
No. 151, p. 141; Acts 1935, No. 394, p. 865; Code 1940, T. 34, §87.)...
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6-9-211
Section 6-9-211 Judgment constitutes lien on property of defendant. Every judgment, a certificate
of which has been filed as provided in Section 6-9-210, shall be a lien in the county where
filed on all property of the defendant which is subject to levy and sale under execution,
and such lien shall continue for 10 years after the date of such judgment; provided, that
when an action or other proceeding to enforce or foreclose said lien is instituted or begun
within said 10 years, but has not been completed, decided, or determined within said 10-year
period, and at the time said action or proceeding is instituted or begun, or lien claimed
therein, a lis pendens notice thereof is filed in the office of the judge of probate of the
county in which said property is situated, the lien provided for in this section shall continue
as to the property upon which said lien is claimed in said action or proceeding and may be
enforced or foreclosed in that action as if said 10-year period had not...
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8-1-172
Section 8-1-172 Mortgage taken in good faith on real estate of insane person not void. (a)
When any person shall in good faith take a mortgage on real estate from an insane person without
notice of the insanity, the mortgage deed shall not be void; but the insane person may redeem
the property so mortgaged at any time prior to a foreclosure by paying to the mortgagee the
amount actually received by the insane person at the time of executing the mortgage, or any
balance due thereon, with interest thereon to the date of redemption. (b) If the mortgage
shall have been foreclosed, the insane person may redeem from the vendee at the foreclosure
sale, or those claiming under the vendee, at any time within 180 days from foreclosure for
residential property on which a homestead exemption was claimed in the tax year during which
the foreclosure occurred, or at any time within one year from foreclosure for all other property,
by paying to the vendee, or those claiming under the vendee, the...
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30-4-34
Section 30-4-34 Disposal of interest in real estate by spouse of insane person - Entry of judgment.
If upon the hearing of the evidence the court is of the opinion that the authority sought
to sell, convey, mortgage or otherwise dispose of real estate as if single should be granted,
the court shall enter judgment granting such authority for such a period of time as the court
deems proper. (Acts 1933, Ex. Sess., No. 151, p. 141; Acts 1935, No. 394, p. 865; Code 1940,
T. 34, §85.)...
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30-4-5
Section 30-4-5 Property of wife subject to provisions of chapter. All property of the wife,
whether acquired by descent or inheritance, or gift, devise or bequest, or by contract or
conveyance, or by gift from or contract with the husband, is the separate property of the
wife within the meaning of, and is subject to all the provisions of, this chapter, saving
and excepting only such property as may be conveyed to an active trustee for her benefit.
(Code 1886, §2351; Code 1896, §2530; Code 1907, §4498; Code 1923, §8273; Code 1940, T.
34, §75.)...
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6-6-147
Section 6-6-147 Execution upon judgment by plaintiff. If the judgment of the plaintiff is not
satisfied by the property attached or by the garnishee, execution must issue thereon, which
may be levied on and satisfied by any property of the defendant; and the plaintiff may proceed
to a sale of the property attached by a writ of execution. (Code 1852, §2773; Code 1867,
§3001; Code 1876, §3326; Code 1886, §3003; Code 1896, §570; Code 1907, §2971; Code 1923,
§6219; Code 1940, T. 7, §892.)...
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15-16-24
Section 15-16-24 Special verdict of not guilty due to insanity; general verdict of not guilty
or verdict of conviction. If it shall appear from the evidence that a defendant did the act
charged as constituting the offense, but at the time of committing the act he was insane,
the jury shall render a special verdict to the effect that the defendant is not guilty by
reason of insanity, but if the jury does not believe from the evidence that the defendant
committed the act or if it believes from the evidence that he is not guilty upon any ground
other than his alleged insanity, it must return a general verdict of not guilty; otherwise,
it must return a verdict of conviction. (Code 1896, §4940; Code 1907, §7177; Code 1923,
§4574; Code 1940, T. 15, §424.)...
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35-4-33
Section 35-4-33 Judgment for specific performance. A judgment for specific performance shall
operate as a deed to convey land or other property without any conveyance being executed by
the vendor. Such judgment, certified by the clerk or register, shall be recorded in the registry
of deeds in the county where the land lies, and shall stand in the place of a deed. In any
action in which the court orders the specific performance of a contract for the sale of real
estate, when it appears from the evidence that the party in whose favor the judgment is made
is entitled to the possession of the real estate as against the other party and that such
other party is in person or by tenants in possession of such real estate, the court may, in
such judgment of specific performance, order the issuance of a writ of possession as in ejectment
cases. (Code 1907, §3366; Code 1923, §6850; Code 1940, T. 47, §35.)...
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35-4-93
Section 35-4-93 Marriage settlements. Personal property conveyed in consideration of marriage,
when the possession remains with the husband or the husband and wife, must be taken as the
property of the husband, in favor of purchasers without notice and creditors, unless such
conveyance is recorded in the county of the husband's residence, within 12 months after such
possession commenced in this state; and, if the husband removes to another county, within
four months after such removal. (Code 1852, §1293; Code 1867, §1563; Code 1876, §2172;
Code 1886, §1816; Code 1896, §1011; Code 1907, §3388; Code 1923, §6892; Code 1940, T.
47, §125.)...
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6-10-40
Section 6-10-40 Sale of land and separation of homestead interest from that of alienee. When
the homestead, after being reduced to the lowest practicable area, exceeds $5,000 in value
and the husband or wife has aliened the same by deed, mortgage, or other conveyance without
the voluntary signature and assent of the spouse, shown and acknowledged as required by law,
the alienor or, if he or she fails to act, the spouse or, if there is no spouse or if he or
she fails to act, their minor child or children may, by filing a complaint, have the land
sold and the homestead interest separated from that of the alienee. (Code 1876, §2832; Code
1886, §2538; Code 1896, §2064; Code 1907, §4191; Code 1923, §7913; Code 1940, T. 7, §656;
Acts 1980, No. 80-569, p. 879, §6.)...
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