43-8-52
Section 43-8-52 Controversy as to advancements - Proceedings and answer upon death of distributee.
In case of the death of any distributee or heir alleged to have received advancements, his
legal representatives or heirs at law shall be required to report or answer in the same manner
as set forth in section 43-8-51; and if they are residents of this state, notice must be given
by citation, and if nonresidents, by publication, as provided for in cases embraced in section
43-8-51. If any of the heirs at law of such deceased distributee or heir are minors or persons
of unsound mind, the probate court must appoint a suitable guardian ad litem for them, who
shall deny the allegation contained in such application, and demand proof thereof. (Code 1867,
§1906; Code 1876, §2270; Code 1886, §1933; Code 1896, §1471; Code 1907, §3775; Code 1923,
§7386; Code 1940, T. 16, §22; Code 1975, §43-3-37.)...
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12-11-60
Section 12-11-60 Settlements of estates. (a) When any error of law or fact has occurred in
the settlement of any estate of a decedent to the injury of any party, without any fault or
neglect on his part, such party may correct such error by filing a complaint in the circuit
court within two years after the final settlement thereof. The evidence filed in the probate
court in relation to such settlement must be received as evidence in the circuit court, with
such other evidence as may be adduced. A failure to appeal from the decree of the probate
court shall not be held to be such fault or neglect as will bar the plaintiff the remedy herein
provided. (b) The limitations of subsection (a) of this section do not extend to infants or
persons of unsound mind who are allowed two years after the termination of their respective
disabilities, but in no case to exceed 20 years. (c) Errors of law or fact in the settlement
of accounts of guardians may be corrected in the circuit court according to...
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15-13-8
Section 15-13-8 Limitation on number of applications; appeals to Court of Criminal Appeals;
procedure upon order of Court of Criminal Appeals admitting defendant to bail. (a) When an
application for bail is made to any circuit judge and is refused, no subsequent application
can be made, but the evidence in such case may be preserved for review on application to the
Court of Criminal Appeals. (b) When an order is made by the Court of Criminal Appeals admitting
a defendant to bail, the order must fix the amount of bail required and direct the same to
be taken by the court to whom the primary application was made or by the sheriff of the county
in which the defendant is confined. When such bail is ordered to be taken by a judge, the
sheriff having the custody of the defendant must carry him before such judge for that purpose.
(Code 1852, §§3673-3675; Code 1867, §§4242, 4243; Code 1876, §§4850, 4851; Code 1886,
§§4413, 4414; Code 1896, §§4355, 4356; Code 1907, §§6335, 6336;...
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15-5-5
Section 15-5-5 Issuance of warrant. If the judge or the magistrate is satisfied of the existence
of the grounds of the application or that there is probable ground to believe their existence,
he must issue a search warrant signed by him and directed to the sheriff or to any constable
of the county, commanding him forthwith to search the person or place named for the property
specified and to bring it before the court issuing the warrant. (Code 1852, §830; Code 1867,
§4381; Code 1876, §4010; Code 1886, §4731; Code 1896, §5488; Code 1907, §7761; Code 1923,
§5475; Code 1940, T. 15, §104.)...
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35-6-88
Section 35-6-88 Conveyances to be presented to court; certificate; when conveyance vacated.
Every conveyance made under the provisions of this article shall, before delivery, be presented
by the person making the same to the judge of the court ordering it to be made. If such judge
is satisfied that such sale has been duly confirmed and that such conveyance is properly made,
he shall indorse upon such conveyance a certificate under the seal of the court of the confirmation
of the sale under which conveyance is made, and of the confirmation of the conveyance as made.
Such certificate must be recorded with the conveyance and shall be prima facie evidence of
the confirmation of such sale and conveyance. If the court is not satisfied as to any such
conveyance it must vacate the same, ordering a proper conveyance, as to which the same proceedings
shall be had as provided by this section for the original conveyance. (Code 1907, §5261;
Code 1923, §9365; Code 1940, T. 47, §227.)...
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43-2-481
Section 43-2-481 Application for sale. The application for the sale of lands for the payment
of legacies must be made by the executor by petition, verified by affidavit, to the probate
court having jurisdiction of the estate. It must describe the lands accurately and give the
names of the devisees and their places of residence and must state whether any and which such
devisees are under the age of 19 years or of unsound mind, and must also show that the lands
prayed to be sold are charged or chargeable, expressly or by necessary implication, with the
payment of pecuniary legacies, and that no power is given the personal representative to sell
the lands for such purpose. (Acts 1923, No. 481, p. 632; Code 1923, §5884; Code 1940, T.
61, §278.)...
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28-4-256
Section 28-4-256 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Issuance - Issuance by judge. If the judge of the district court is satisfied of the existence
of ground or grounds for the application, or one of them, or that there is probable cause
to believe the existence of them, or one of them, he must issue a search warrant, signed by
him, directed to the sheriff or to any lawful officer, commanding him to forthwith search
the place named for the prohibited liquors and beverages and to bring them before the judge.
If the warrant is sought to search a place whose keeper or owner is unknown, the affidavit
may so state and the warrant may issue accordingly. The judge of the district court may direct
the warrant to the chief of police or any police officer of a municipality when the place
to be searched is within a municipality or within the police jurisdiction thereof. (Acts 1909,
No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4746; Code 1940,...
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6-10-96
Section 6-10-96 Reduced homestead incapable of allotment - Sale - Proof of facts; order and
notice; terms; application of proceeds. The facts stated in the application to sell the homestead
for setting apart of exemptions may be proved by the oral testimony of witnesses or by the
records of the probate court, and if the facts stated in such application are proven to the
satisfaction of the court by the evidence, the court may order the sale of said homestead,
and notice of said sale shall be given as directed by Section 43-2-455. Said homestead must
be sold on such terms as the court may direct, not exceeding a credit of three years, but
in no case shall the cash payment be less than $6,000, and said sum of $6,000 shall, in the
discretion of the court, be applied by the court to the purchase of a homestead for the benefit
of such surviving spouse and minor children, or either of them, or be paid by the court to
the surviving spouse for the use and support of said surviving spouse and...
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43-2-455
Section 43-2-455 Advertisement of sale. When the application for the sale of land for the payment
of debts or division is granted and the land directed to be sold, the executor or administrator
must give notice of the day, place and terms of sale, and a description of the property to
be sold, by advertisement for three successive weeks in some newspaper published in the county
where the sale is to take place; and in case of a sale of lands lying in one body, but in
more than one county, such notice must be given in each of the counties. If there is no such
paper published in the county or in any county in which notice is required to be given, then,
as to the county having no such paper, the notice must be given by posting at the courthouse
door, and at three other public places in the county. In addition to the notice prescribed
in this section, the court may direct the giving of notice by printed handbills or posters,
to be distributed and posted in the manner best calculated to give...
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43-2-465
Section 43-2-465 Right of purchaser to cite executor or administrator to report sale. (a) If
the executor or administrator fails, within the time required by law, to report any sale of
lands made by him under the provisions of this article, the purchaser, or his heirs, or any
other person claiming under him directly or derivatively, may, on motion in the probate court,
have citation to issue to such executor or administrator, citing him to appear within 20 days
from the date of the service of the citation, and report the sale; and if such executor or
administrator is then a nonresident of the state, or his place of residence is unknown to
the party asking for the citation, the court, on affidavit being made of either of these facts,
must cause service of such citation to be made by publication, once a week for three successive
weeks, in some newspaper published in the county, or if none is published therein, in the
newspaper published nearest to the courthouse of such county. (b) If...
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