Code of Alabama

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34-24-314
Section 34-24-314 Authority to acquire and hold real property; sale. The State Board of Medical
Examiners may acquire and hold, in its own name, real property by purchase, gift, or other
lawful means, except eminent domain, which real property is used by the board to carry out
its responsibilities. The board may also transfer, sell, convey, or cause to be conveyed real
property and any improvements thereon, subject to the requirements of this section. In purchasing
any real property, the board may expend its own funds, and any obligations created in connection
with the purchase of the real property shall solely and exclusively be obligations of the
board and shall not create debts, obligations, or liabilities of the State of Alabama. As
used in this section, real property shall include land, lots, and all things and interests,
including lease hold interests, pertaining thereto, and all other things annexed or attached
to the land which would pass to a vendee by conveyance of the land...
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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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35-6-62
Section 35-6-62 Sale instead of partition - Decree and orders; appointment of commissioner;
conduct of sale. If, upon the hearing, the court is satisfied from the proof that such property
cannot be equitably divided or partitioned among the parties in interest, it must decree the
same to be sold, and make and issue all such orders as may be necessary to effect the sale
thereof, and appoint a suitable commissioner to make the sale; and the sale shall be conducted,
the purchase money collected, conveyance of the title made and all proceedings subsequent
to the sale conducted in every respect as is done when property in the hands of an executor
or administrator is to be distributed. (Code 1867, §3124; Code 1876, §3518; Code 1886, §3257;
Code 1896, §3182; Code 1907, §5226; Code 1923, §9326; Code 1940, T. 47, §214.)...
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35-6-82
Section 35-6-82 Time and notice of hearing. Upon the filing of such report the court must appoint
a day for the hearing of the same, not less than 20 days from the filing thereof, and must
give notice thereof to any minor whose interest has been so sold who is over 14 years of age
and resident in this state, and also to the person in whose custody such ward is, if deemed
by the court in the interest of such ward, and also to the adult next of kin of such ward
resident in this state, not interested in such sale, or where there is more than one such
next of kin of equal degree, then to such one of them as may be selected by the court. Such
notice shall be given by personal citation to be served not less than 10 days before the day
appointed for such hearing. (Code 1907, §5255; Code 1923, §9359; Code 1940, T. 47, §221.)...

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37-14-38
Section 37-14-38 Validation procedure; authorization for validation of provisions of article.
In order to foster and encourage the underlying policies of this article and to assure that
sales and purchases of distribution facilities, and other transactions and actions authorized
or allowed by this article may be conducted in good faith with a knowledge of the validity
of the provisions hereof, and further, to assure that irrevocable commitments are not made
in the implementation of the provisions of this article without the assurance of their legality
and validity, the following judicial review process is hereby authorized and it is declared
to be the legislative intent that the provisions of this statute be judicially reviewed and
validated pursuant to the procedure set forth herein and that the circuit court enter a judgment
in accordance with the procedure set forth herein. (1) FILING OF COMPLAINT FOR DETERMINATION
AS TO LEGALITY OF PROVISIONS OF ARTICLE. - At any time subsequent to...
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43-2-413
Section 43-2-413 Notice of sale. When the application is granted for the sale of any personal
property, 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, or, by posting
notice at the courthouse door and at three other public places in the county. But when the
property is perishable, or the expense of keeping it is very great, the sale may be made after
five days' notice, which may be given by one insertion in a newspaper published in the county
where the sale is to take place, or, if there be no such paper, by posting at the courthouse
door, and at three other public places in the county. In addition to the notice prescribed
in this article, 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 extended...
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43-2-443
Section 43-2-443 Authorization to sell - Sale for division. Lands of an estate may be sold
by order of the probate court having jurisdiction of the estate when the same cannot be equitably
divided among the heirs or devisees, when an adult heir or devisee files his written consent
that the land be sold. (Code 1852, §1867; Code 1867, §2221; Code 1876, §2449; Code 1886,
§2105; Code 1896, §157; Code 1907, §2621; Code 1923, §5849; Code 1940, T. 61, §245.)...

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6-5-247
Section 6-5-247 Definitions. Unless the context otherwise requires, the words defined in this
section shall have the following meanings when found in this article: (1) SALE or SOLD. Any
execution, judgment, or foreclosure sale, whether the sale is made under any power of sale
in any mortgage or deed of trust or statutory power of sale, or by virtue of any judgment
in any court of competent jurisdiction. (2) MORTGAGE. Any mortgage, deed of trust, or any
other instrument intended to secure the payment of money, such as an instrument which includes
a vendor's lien. (3) JUNIOR MORTGAGE. Any mortgage, deed of trust, or any other instrument
intended to secure the payment of money by the transfer of an interest in real property, such
as a conveyance which includes a vendor's lien, which are lower in priority than the foreclosed
mortgage or lien. (Acts 1988, No. 88-441, p. 647, §1.)...
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11-47-71
Section 11-47-71 Sale, etc., of lands in abandoned cemeteries by corporations, etc.; confirmation
of sales by probate court. (a) Whenever such a cemetery or part thereof has been abandoned
as a cemetery or place of burial for the human dead as provided for in Section 11-47-60 by
the cemetery corporation, association, corporation sole, or other person owning or controlling
the same, the parts or portions thereof in which no interments had been made and such parts
and portions thereof from which all human remains have been removed may be sold by the cemetery
corporation, association, corporation sole, or other person owning or controlling such cemetery
land or may be mortgaged or otherwise pledged as security for any loan or loans made to such
cemetery corporation, association, corporation sole, or other person owning or controlling
such cemetery lands. No order of any court shall be required prior to the making of any such
sale, mortgage, pledge, or other encumbrance of such lands...
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40-10-139
Section 40-10-139 Conveyance to Department of Conservation and Natural Resources of land bid
in by state - Notice to former owner of intended conveyance. Whenever it is determined by
the Land Commissioner that it is to the best interest of the state to convey to the Department
of Conservation and Natural Resources the title of any lands which have been bid in at tax
sale and which remain unredeemed, he may, on his own motion and without application being
filed by the Department of Conservation and Natural Resources, issue notice to the former
owner or some person having an interest in such land, in the same manner as heretofore provided
for in cases where application for conveyance has been filed by the Department of Conservation
and Natural Resources; and, if such lands are not redeemed within the time so fixed, the same
shall, upon approval of the Governor, be conveyed to the Department of Conservation and Natural
Resources in the same manner as if application for such conveyance had...
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