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35-7-4
Section 35-7-4 Ascertainment of amount to be paid upon failure of parties to agree. If the
parties cannot agree, on application by either to the district court in the county in which
such fence is, such court must issue an order in writing to three disinterested freeholders
of such county, not related to either of the parties, to examine such fence, and to ascertain
the amount to be paid to the owner erecting the same; and such freeholders, on a day to be
by them appointed, of which both parties must have notice, must examine such fence and report
to the court the proportionate amount to be paid to the person erecting the fence; and if
such amount is not paid within 10 days after such report, the court must issue execution therefor,
with costs, as provided in section 35-7-5, to be collected and returned as other executions.
(Code 1852, §1106; Code 1867, §1289; Code 1876, §1593; Code 1886, §1371; Code 1896, §2119;
Code 1907, §4248; Code 1923, §7978; Code 1940, T. 47, §253.)...
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6-6-259
Section 6-6-259 Actions by mortgagees or vendor in conditional sale contract, etc., against
mortgagors or vendees, etc. (a) If the action is by a mortgagee or his assignee against a
mortgagor, or one holding under him, or by a vendor who has made a conditional sale reserving
the title until the entire purchase money shall be paid, or his assignee, against his vendee
or one holding under him, the defendant may, upon suggestion, require that the jury ascertain
the amount of the mortgage debt or the unpaid balance of the purchase price of the article
sold; and if the debt due is ascertained to be less than the value of the property sued for
as assessed by the jury, judgment must be entered for the property sued for or if that is
not to be had, then for the amount of the debt as ascertained by the jury. The court must
also make an order that, if the debt so ascertained, interest and costs, shall be paid within
30 days, no execution or other process shall issue on the judgment; and on...
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6-6-294
Section 6-6-294 Retention of possession for one year by defendant if crop planted or growing
upon filing bond; force and effect of bond. (a) If the defendant has a crop planted or growing
on the premises and the court or jury finds for the plaintiff, they must also ascertain the
rental value of the premises during the current year, and no writ of possession can be issued
until the expiration of the year if the defendant executes a bond in double the amount of
such rent payable to the plaintiff, with surety approved by the clerk, conditioned to pay
the rent so assessed at the expiration of the year. (b) The bond must be filed in the office
of the clerk and, if the rent is not paid at the expiration of the year, has the force and
effect of a judgment; and thereon, execution for the amount of the rent must issue against
all the obligors or such of them as may be living. (Code 1852, §§2199, 2200; Code 1867,
§§2600, 2601; Code 1876, §§2949, 2950; Code 1886, §§2712, 2713; Code 1896,...
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11-53B-10
Section 11-53B-10 Redemption of property. (a) Any real property heretofore or hereafter sold
for the satisfaction of an assessment lien imposed thereon by the governing body of a municipality
may be redeemed by the former owner, or his or her assigns, or other persons authorized to
redeem property sold for taxes by the state, within two years from the date of the sale by
depositing with the officer designated by the municipality to collect the assessments the
amount of money for which the lands were sold, with interest thereon at the rate of 12 percent
per annum from the date of the sale through the date of the payment. (b) In addition to any
other requirements set forth in this section, the proposed redemptioner must pay or tender
the purchaser or his transferee all insurance premiums paid or owed by the purchaser with
accrued interest on the payments computed from the date the premiums were paid at 12 percent
per annum through the date of payment. (c) In addition to any other...
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40-10-122
Section 40-10-122 Manner of redemption when land sold to party other than state. THIS SECTION
WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020. TO SEE
THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. (a) In order to obtain the redemption
of land from tax sales where the same has been sold to one other than the state, the party
desiring to make such redemption shall deposit with the judge of probate of the county in
which the land is situated the amount of money for which the lands were sold, with interest
payable at the rate of 12 percent per annum from date of sale, and, on the portion of any
excess bid that is less than or equal to 15 percent of the market value as established by
the assessing official, together with the amount of all taxes which have been paid by the
purchaser, which fact shall be ascertained by consulting the records in the office of the
tax collector, or other tax collecting official, with interest on the payment at 12...
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35-6-54
Section 35-6-54 Costs and expenses. The probate court must ascertain the costs and expenses
attending the division, and make a record thereof, stating distinctly each item of such costs
and expenses; and if the same are not paid within 30 days after the allotment, an execution
may be issued against each of the persons to whom the land was allotted, for his aliquot portion
thereof, which must be directed to the sheriff, to be levied as other executions, and may
be levied on the land so allotted to him. (Code 1852, §2689; Code 1867, §3117; Code 1876,
§3511; Code 1886, §3250; Code 1896, §3175; Code 1907, §5218; Code 1923, §9318; Code 1940,
T. 47, §207.)...
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11-17-10
Section 11-17-10 Appeals from assessment of damages - Conduct of hearing generally; establishment
of damages by jury. On the hearing of such trial, the court shall cause an issue to be made
between the parties interested to ascertain the amount of damages for the property taken or
injured in locating the burial place. Either party may examine witnesses on such trial and
may argue the questions to the court or jury by themselves or counsel, which questions must
then be submitted to the jury for their determination, which amount of damages shall be fixed
by the verdict of the jury. (Code 1907, §95; Code 1923, §100; Code 1940, T. 12, §217.)...
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35-7-5
Section 35-7-5 Fees. The district court is entitled to $.50 for issuing the order, and the
fence-viewers to $1.00 each; one half of which is to be paid by each party; and not being
paid in 10 days after the report, execution must issue therefor, with costs for issuing such
execution. (Code 1852, §1107; Code 1867, §1290; Code 1876, §1594; Code 1886, §1372; Code
1896, §2120; Code 1907, §4249; Code 1923, §7979; Code 1940, T. 47, §254.)...
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43-2-447
Section 43-2-447 Notice to unknown parties; appointment of special guardian; disposition of
shares. If it shall be averred in an application for the sale of lands for the payment of
debts or for division, that the names of any of the heirs or devisees are unknown, that the
petitioner has made diligent inquiry and cannot ascertain the same, the cause may proceed
against them without naming them; but the court must make publication as in case of nonresidents,
describing such unknown parties as near as may be by the character in which they are made
parties and with reference to their interest in the lands sought to be sold, and must appoint
a suitable and competent person not of kin or counsel to the petitioner, as special guardian
to represent such unknown parties. The shares or interests of such unknown parties, in the
proceeds of lands sold for division, shall be paid into court and there retained and paid
out to the proper parties when ascertained. (Code 1896, §162; Code 1907,...
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43-2-706
Section 43-2-706 Payment of costs. If such issue is decided against the executor or administrator,
the report must be dismissed, and execution for the costs may issue against him and his sureties;
but if it is decided in his favor, the costs must be paid by the contesting creditor, or parties
interested in the estate, or out of the estate, as the court may direct. (Code 1852, §§1835,
1836; Code 1867, §§2184, 2185; Code 1876, §§2556, 2557; Code 1886, §2229; Code 1896,
§297; Code 1907, §2762; Code 1923, §6001; Code 1940, T. 61, §388.)...
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