35-6-89
Section 35-6-89 Sale void unless to advantage of ward and confirmed by court. (a) If, on the
hearing of the report of sale by the guardian, it shall appear to the court that the sale
of any parcel of land or realty therein set forth is not to the advantage of the ward whose
interest is so sold, the court shall order such sale set aside, whereupon the same shall become
wholly void. (b) No sale or conveyance of lands under this article shall be valid to divest
the title of the minor or person of unsound mind on whose behalf it is made, unless such sale
or conveyance shall be confirmed as provided in this article. (Code 1907, §5262; Code 1923,
§9366; Code 1940, T. 47, §228.)...
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35-6-87
Section 35-6-87 Report of payment; order for conveyance. Within 30 days after receiving full
payment for the interest of his ward in any land or realty so sold, such sale having been
confirmed under the provisions of this article, the guardian of such ward must report such
payment under oath to the court and apply for an order to make a proper conveyance of such
interest to the purchaser. The court must examine such report and may also examine witnesses
in relation thereto; if, upon such examination, it is satisfied that such payment has been
made, it must make an order for such conveyance to be made by said guardian or by some other
person, appointed by the court conveying all right, title, and interest of such ward in such
land or realty at the time of such sale thereof. (Code 1907, §5260; Code 1923, §9364; Code
1940, T. 47, §226.)...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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35-6-85
Section 35-6-85 Conduct of hearing generally; order confirming sale. On the day appointed for
such hearing, or on any other day to which it may be continued the court must proceed to hear
such report and the evidence for and against the confirmation of such sale. Such evidence
shall be taken orally in open court at the time of the hearing or by deposition as in actions
before the circuit court. If upon such hearing it shall appear to the satisfaction of the
court that such sale as made is to the interest of the ward, the court shall make an order
confirming the same, and, if it shall appear to the court that full payment has been made
to the guardian for the interest of the minor in such sale, such order shall direct the guardian,
or any other person appointed by the court, to make conveyance of the interest of the ward
in the land or realty to the purchaser thereof. (Code 1907, §5258; Code 1923, §9362; Code
1940, T. 47, §224.)...
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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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35-6-86
Section 35-6-86 Multiple sales. Two or more sales of the interest of a ward in different parcels
of land or realty made under the provisions of this article may be set forth by the guardian
in one report, and be embraced in the hearing of such report and the order of the court made
thereupon, the court dealing with each such sale as it may deem proper. (Code 1907, §5259;
Code 1923, §9363; Code 1940, T. 47, §225.)...
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11-40-68
Section 11-40-68 Foreclosure sale; form of deed. (a) Following the hearing and order of the
court in accordance with Section 11-40-66, the court shall cause a sale of the real property
to be advertised and conducted by the court in a manner similar to that procedure contemplated
by Section 40-10-15. The sale shall not occur earlier than 45 days following the date of the
order of the court. (b) Except as otherwise authorized by law, the minimum bid price for the
sale of the real property shall be the redemption amount. (1) In the absence of any bid higher
than the minimum bid price, the court or its designee shall bid in for the real property on
behalf of the Class 2 municipality or its designee in an amount equal to the minimum bid price,
thereby causing the Class 2 municipality to become the purchaser at the sale pursuant to Section
11-40-66. (2) A bid in on behalf of the Class 2 municipality or its designee shall be tendered
as a credit bid for that part of the minimum bid price...
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35-6-81
Section 35-6-81 Report of sale by guardian to court. Within three months after making any such
sale, such guardian shall report the same under oath to the court having jurisdiction of his
administration of the estate of such ward. If the whole of the share of such ward in the proceeds
of such sale shall have been paid when such report is made, such fact shall be stated therein,
and the guardian shall therein apply to the court for authority to make a conveyance of the
interest of said ward in the lands or realty so sold to the purchaser. Such report shall set
forth the name, residence, and age of such ward, and of the person in whose custody he is,
and the name and residence of the adult next of kin of said ward, resident in the state and
not interested in such sale; if there be more than one such next of kin of the same degree,
such report must set forth the names and residences of all of them resident in this state.
(Code 1907, §5254; Code 1923, §9358; Code 1940, T. 47, §220.)...
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43-2-461
Section 43-2-461 Setting aside sale; resale. (a) If, on such examination, the court is satisfied
that the sale was not fairly conducted, or that the amount for which the land, or any portion
of the same, sold was greatly less than its real value, the court may vacate such sale, either
in whole or in part. (b) If it is made to appear to the court previous to the confirmation
of such sale, that the sureties taken on the notes or bonds of the purchasers or the security
given are insufficient, such sale, as to every such purchaser, must not be confirmed until
he gives security for the purchase money to the satisfaction of the court; and if such security
is not given within 10 days the sale must be vacated as to the purchaser thus failing. (c)
When any sale of land is vacated, in whole or in part, according to the provisions of subsections
(a) and (b) of this section, the court must direct another sale to be had, which must be advertised
and conducted in all respects as is provided for the...
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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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