35-4-56
Section 35-4-56 Patents. Patents from this state or the United States to lands in this state
may be recorded in the office of the judge of probate of the county in which the lands lie;
and a certified copy of such record is evidence in any court of this state. (Code 1852, §1353;
Code 1867, §1623; Code 1876, §2231; Code 1886, §1878; Code 1896, §1003; Code 1907, §3380;
Code 1923, §6871; Code 1940, T. 47, §114.)...
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36-14-1
Section 36-14-1 Duties generally. It is the duty of the Secretary of State: (1) To keep the
state seal, the original statutes and public records of the state, and the records and papers
belonging to the Legislature, keeping the papers of each house separate. (2) To attest commissions
and all other public documents from the executive of the state and, when necessary, to affix
the seal of the state thereto and to certify the same in his or her official capacity. (3)
To record, in books proper for that purpose, all grants and patents issued by the state. (4)
To keep all books, maps, and other papers appertaining to the survey of lands belonging to
the state and the books and papers belonging to the land office. (5) To keep in his or her
office the books, maps, and field notes of the late surveyor general of the United States
for this state which are public archives of the state and, upon application, to give certified
copies of the same, which shall be received in evidence in any of the...
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12-21-97
Section 12-21-97 Pre-1879 documents or certified copies executed by Governor as evidence of
sale or transfer of state lands. (a) All documents executed prior to February 12, 1879, by
the Governor, in person or in his name by his secretary, purporting to convey any of the state's
lands which are ineffective as patents or conveyances because of not being executed as provided
by law or for any other reason and which recite either the payment of the purchase money for
the lands attempted to be conveyed thereby or the deposit of a receipt or certificate of the
officer authorized to receive the money acknowledging that such payment has been made shall
be admissible in evidence in any case affecting the title to such lands and shall be prima
facie evidence of any sale or transfer of said lands there recited and of the payment of the
purchase money thereof. (b) A duly certified copy of the record of any such document which
has been recorded for as much as 10 years in the office of the probate...
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12-21-96
Section 12-21-96 Land patents. Land patents issued by the United States, or any state of the
United States, and tract books kept in the probate offices of the counties as required by
law, or certified copies of entries taken therefrom, must be received in evidence without
further proof. (Code 1852, §2297; Code 1867, §2699; Code 1876, §3052; Code 1886, §2781;
Code 1896, §1812; Code 1907, §3979; Code 1923, §7675; Code 1940, T. 7, §387.)...
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12-21-41
Section 12-21-41 Evidence of title to lands. Copies of the field notes of the original government
surveys of lands or other evidences of title to lands furnished by the Secretary of State
or by the United States, or any department thereof, to the probate judge, when certified by
such judge, are admissible in evidence. (Code 1876, §3050; Code 1886, §2786; Code 1896,
§1817; Code 1907, §3984; Code 1923, §7682; Code 1940, T. 7, §395.)...
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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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35-4-27
Section 35-4-27 Acknowledgment - Proof of official seal. All deeds, powers of attorney and
other instruments of conveyance, affidavits or contracts purporting to be acknowledged, proved
or verified as prescribed by law, and which have been recorded or may hereafter be recorded
in the office of the judge of probate of the proper county in this state, and transcripts
thereof from such record shall be prima facie evidence that the seal of such officer acknowledging
or attesting such instrument was his official seal and that it was affixed by him in his official
capacity; and all such instruments and certified copies thereof shall have the same force
and effect and shall be received in evidence in any court in this state without further proof
of the due execution of such instrument or proof of the seal of any officer so certifying
or attesting and that the same was affixed by him as his official seal, in his official capacity,
whether he be an officer of this state or of any other state,...
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35-6-58
Section 35-6-58 Sale instead of partition - Property subject to sale; by whom application made;
where sale held; record of decrees. Any property, real or personal, held by joint owners or
tenants in common, on the written application of any one or more of them, may be decreed to
be sold by the probate court of the county in which such property is situated, or, in case
of land lying in different counties, of either of such counties, whether such lands are adjacent
or contiguous, when the same cannot be equitably divided or partitioned among them, notwithstanding
they, or any of them, are infants or persons of unsound mind, and the application may be made
by the executor or administrator of a deceased person in interest, or by the guardian of a
minor or person of unsound mind. Such lands shall be sold in the county where the decree is
rendered, unless otherwise directed by order of the court, upon rendition of the final decree
ordering such sale. The decree of sale and the decree...
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12-13-41
Section 12-13-41 Duties of probate judges generally. It shall be the duty of the probate judge:
(1) To issue all citations, letters testamentary, of administration and guardianship, subpoenas,
executions and all other process which is necessary for the exercise of his powers, the jurisdiction
of the court and the enforcement of its judgments, orders and decrees. (2) To keep minutes
of all his official acts and proceedings and, within three months thereafter, to record the
same in well-bound books. (3) To keep all the books, papers and records belonging to his office
with care and security, the papers arranged, filed and labeled so as to be of easy reference
and the books and records lettered and kept with general, direct and reverse indexes, but,
without the authority of the county commission, he shall not make new indexes. (4) To keep
constantly in his office a well-arranged docket, showing the date of the issue and return
of all process, the day set for the hearing, the kind of...
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40-2-11
Section 40-2-11 Powers and duties generally. It shall be the duty of the Department of Revenue,
and it shall have the power and authority, in addition to the authority now in it vested by
law: (1) To have and exercise general and complete supervision and control of the valuation,
equalization, and assessment of property, privilege, or franchise and of the collection of
all property, privilege, license, excise, intangible, franchise, or other taxes for the state
and counties, and of the enforcement of the tax laws of the state, and of the several county
tax assessors and county tax collectors, probate judges, and each and every state and county
official, board, or commission charged with any duty in the enforcement of tax laws, to the
end that all taxable property in the state shall be assessed and taxes shall be imposed and
collected thereon in compliance with the law and that all assessments on property, privileges,
intangibles, and franchises in the state shall be made in exact...
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