26-8-50
Section 26-8-50 Sale of property to effect removal thereof from state - Proceedings under application;
appointment, powers, etc., of commissioner for conduct of sale. The court, in the order of
sale, must appoint a suitable person commissioner to make the sale and, except as otherwise
provided in this article, the authority and duty of such commissioner is the same as that
of a conservator authorized to sell property of a minor or ward for reinvestment. If the commissioner
so appointed fails to act or to complete the sale, another may be appointed at any time by
an order of the court. (Code 1896, §2384; Code 1907, §4474; Code 1923, §8247; Code 1940,
T. 21, §119; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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43-2-460
Section 43-2-460 Report and examination of sale - Notice and hearing. If it appears from the
report of the personal representative provided for in section 43-2-459 that he has a personal
interest in such sale, or that he was, directly or indirectly, the purchaser at such sale,
or if the court is satisfied from the examination of witnesses in relation to the report as
provided for in section 43-2-459 that he has such personal interest in the sale adverse to
the interest of the heirs or devisees, or that he was, directly or indirectly, the purchaser
at such sale, the court shall set a day for the hearing of such report for confirmation, of
which hearing the court shall give the adverse parties at least 10 days' notice in any mode
or manner to be directed by the court. (Code 1907, §2638; Code 1923, §5868; Code 1940, T.
61, §262.)...
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26-2-47
Section 26-2-47 Appointment of guardian for nonresident incapacitated person having property
within state - Authorization. The court of probate of a county in which an incapacitated person
residing without the state may have property, real or personal, requiring the care of a conservator,
may appoint a conservator for the property of such person which may be within this state if
such person has been declared an incapacitated person by a court having jurisdiction in the
state of his or her residence. (Code 1867, §2415; Code 1876, §2755; Code 1886, §2402; Code
1896, §2267; Code 1907, §4357; Code 1923, §8115; Code 1940, T. 21, §21; Acts 1987, No.
87-590, p. 975, §2-333(b).)...
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35-6A-7
Section 35-6A-7 Request for partition by sale; purchase of interests. (a) In each petitioner's
initial pleading in a partition action, the petitioner shall state whether the petitioner
requests partition by sale. If the petitioner fails to so state, the petitioner shall be deemed
to have not requested partition by sale. (b) In each cotenant's initial responsive pleading,
the cotenant shall state whether the cotenant requests partition by sale. (1) If a cotenant
files a responsive pleading but fails to so state, the cotenant shall be deemed to have not
requested partition by sale. (2) If a guardian ad litem is appointed to represent one or more
cotenants including, but not limited to, unknown, unlocatable, and legally incapacitated cotenants,
the guardian ad litem may, but is not required to, state whether or not such cotenant requests
partition by sale, and the guardian ad litem shall have no liability for making or failing
to make the election. If a guardian ad litem files a...
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43-2-517
Section 43-2-517 Appointment and compensation of special guardian. The jurisdiction of the
probate court to make partial or final settlements or distributions of the estates of decedents
is not affected by the fact that the executor or administrator making the settlement is also
guardian of any heir or distributee, devisee or legatee of the decedent; but in such case
the court must appoint a special guardian, without bond, to represent such heir or distributee,
devisee or legatee on the settlement and distribution; and, upon final settlement, any decree
to which such ward may be entitled must be rendered against the executor or administrator
in the name of the special guardian for the use of the ward; and thereafter the executor or
administrator, in the capacity of guardian, shall be accountable for such decree. The special
guardian shall be entitled to reasonable compensation for his services and for the services
of counsel properly employed to be allowed by the court and to be paid...
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26-8-42
Section 26-8-42 Removal of property of minor or ward whose parent, etc., resides without state
or removes minor or ward from state - Entry of order of removal. The court, if satisfied of
the truth of the application and that the transcript of the appointment of the conservator
in the state of the residence of the parent or conservator is in due form and properly certified
and that the court making the appointment has jurisdiction, must make an order authorizing
the removal of the property of the minor or ward and authorizing such conservator to receive
the same. (Code 1886, §2491; Code 1896, §2376; Code 1907, §4466; Code 1923, §8239; Code
1940, T. 21, §111; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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34-27-31
Section 34-27-31 Recovery Fund created; fees paid to fund; injured party's recovery from fund;
procedures, appeals, etc.; licensee to report any legal action taken against him or her. (a)
The commission shall establish and maintain a Recovery Fund from which an aggrieved party
may recover actual or compensatory damages, not including interest and court costs, sustained
only within the State of Alabama as a result of conduct of a broker or salesperson in violation
of Article 1 or 2 of this chapter or the rules and regulations of the commission. (b) Notwithstanding
any other provision to the contrary, payments from the Recovery Fund are subject to the following
conditions and limitations: (1) The fund shall not be obligated for the acts or omissions
of a broker or salesperson while acting on his or her own behalf or on behalf of his or her
child, spouse, or parent regarding property in which he or she or his or her spouse, child,
or parent has, or is attempting to acquire, an interest;...
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40-10-13
Section 40-10-13 Confirmation of sale. Within 10 days after such sale the tax collector shall
make report of each sale to the probate court and praying confirmation thereof. Such report
shall lie over for a period of five days for exceptions or objections thereto. If upon the
expiration of five days no objections have been filed, or if in the opinion of the court they
are insufficient, and it appearing to the court that the tax collector sold such real estate
in accordance with the law, and the decree of court ordering such sale, the court shall make
and enter an order confirming said sale, which shall be entered on the same book or docket
as the original decree of sale, and ordering the tax collector to issue proper certificates
of purchase to the various purchasers, including the state. (Acts 1935, No. 194, p. 256; Code
1940, T. 51, §260.)...
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35-4-191
Section 35-4-191 Application; notice; guardian ad litem; hearing; costs. (a) The application
referred to in Section 35-4-190 shall set out the names and places of residence of all the
persons interested in the funds in which such dower or life interest exists, stating which,
if any, are infants or persons of unsound mind. If any of the parties or their places of residence
are unknown, the application shall so state. The court shall set a day for the hearing of
said application not less than 30 days from the date of the filing thereof, and notice thereof
shall be given by the clerk, judge, or register and served on such other persons as may be
interested in the funds, residing in the state, not less than 10 days prior to the hearing;
and, if any are nonresidents or their names or places of residence are unknown, then service
on them shall be by registered or certified mail where practicable in the same manner as now
provided by law for service by registered mail, or by publication once...
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35-6-57
Section 35-6-57 Sale instead of partition - When sale ordered. If, after a decree for partition
and the appointment of commissioners it shall appear from the report of the commissioners,
or on exceptions to their report, that a just and equal division of the land cannot be made,
or that a sale will better promote the interest of all the cotenants, the court shall order
a sale of the land, or such part thereof as may be deemed proper, and a division of the proceeds
among those interested, as provided for, and make an equitable partition as provided in this
article of the land not sold. (Code 1907, §5212; Code 1923, §9312; Code 1940, T. 47, §201.)...

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