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43-2-468
Section 43-2-468 Sale or division of land received on compromise. Real estate received by an
executor or administrator in payment of any bad or doubtful claim, on a compromise of such
claim made under an order of the probate court, may be distributed by the court having jurisdiction
of the estate, by sale or division, upon the same proceedings as are had for the sale or division
of real estate of decedents; but such real estate, or the proceeds thereof, if sold, must
otherwise be treated and distributed as personal property. (Code 1867, §2132; Code 1876,
§2507; Code 1886, §2132; Code 1896, §187; Code 1907, §2652; Code 1923, §5882; Code 1940,
T. 61, §276.)...
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40-10-24
Section 40-10-24 Officers not to be interested in purchase. If the assessor, collector, judge
of probate or any county tax assessor shall directly or indirectly be concerned or interested
in the purchase of any real estate sold for taxes, the sale shall be void, and he and his
sureties on his official bond shall be liable to a penalty of not exceeding $500 to be fixed
by the jury, which may be recovered in an action in the circuit court, or court of like jurisdiction,
brought on the relation of any taxpayer of the county, in the name of the state, one half
of the amount recovered to be paid to the relator and the other half to the state. (Acts 1935,
No. 194, p. 256; Code 1940, T. 51, §271.)...
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40-10-82
Section 40-10-82 Limitation of actions. No action for the recovery of real estate sold for
the payment of taxes shall lie unless the same is brought within three years from the date
when the purchaser became entitled to demand a deed therefor; but if the owner of such real
estate was, at the time of such sale, under the age of 19 years or insane, he or she, his
or her heirs, or legal representatives shall be allowed one year after such disability is
removed to bring an action for the recovery thereof; but this section shall not apply to any
action brought by the state, to cases in which the owner of the real estate sold had paid
the taxes, for the payment of which such real estate was sold prior to such sale, or to cases
in which the real estate sold was not, at the time of the assessment or of the sale, subject
to taxation. There shall be no time limit for recovery of real estate by an owner of land
who has retained possession. If the owner of land seeking to redeem has retained...
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40-10-30
Section 40-10-30 Deeds - Signature, acknowledgment and effect. Such deed shall be signed by
the judge of probate in his official capacity, and by him acknowledged before some officer
authorized to take acknowledgment of deeds, and it shall be, in all the courts of the state,
prima facie evidence of the regularity of all proceedings recited therein both prior and subsequent
to the decree of sale in any controversy, proceeding or suit involving or concerning the rights
of the purchaser, his heirs or assigns to the real estate thereby conveyed. (Acts 1935, No.
194, p. 256; Code 1940, T. 51, §277.)...
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40-10-74
Section 40-10-74 Right of purchaser or assignee to possession; redemption when lien is recorded.
Any purchaser of lands at a tax sale other than the state or anyone claiming under him shall
be entitled to possession of said lands immediately upon receipt of certificate of sale from
the tax collector; and, if possession is not surrendered within six months after demand therefor
is made by said purchaser or his assignee, the said purchaser or his assignee may maintain
an action in ejectment or a statutory real action in the nature of ejectment, or other proper
remedy for the recovery of the possession of the lands purchased at such sales and shall be
entitled to hold the possession thereof on recovery, subject, however, to all rights of redemption
provided for in this title. If the mortgage or other instrument creating a lien under which
a party seeks to redeem is duly recorded at the time of said tax sale, the said party shall,
in addition to the time in this title specified, have the...
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6-9-143
Section 6-9-143 Liability of purchaser for not complying with terms of sale; form of action
against purchaser. (a) Any person who may become the purchaser of any real or personal estate
at any sale which may be made at public outcry by an executor, administrator or guardian or
by any sheriff or other officer under and by virtue of any execution or other legal process
and who shall fail or refuse to comply with the terms of such sale when requested so to do
shall be liable for the amount of such purchase money, and it shall be at the option of such
sheriff or other officer either to proceed against such purchaser for the full amount of the
purchase money or to resell such real or personal estate and then proceed against the first
purchaser for the deficiency arising from such sale. (b) The action provided for in subsection
(a) of this section may be commenced in the name of the sheriff or other officer making the
sale for the use of the plaintiff or defendant in execution or for any...
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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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40-10-122
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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40-10-20
Section 40-10-20 Certificates of purchase - When land bid in for state. For the real estate
bid off for the state in each case the judge of probate shall make out a certificate of purchase
to the state of like import to the one provided for in Section 40-10-19 and deliver the same
to the tax collector who shall, on final settlement, deliver all certificates received by
him from the judge of probate to the Comptroller, who shall examine carefully all certificates
of purchase of real estate where the same were bid in for the state at tax sale. When the
same are received by him and if, in his opinion, such sale was erroneous for want of regularity,
proper or sufficient description, error in advertising or for any other cause that may appear
from such certificates, he shall so declare it and return the certificate to the judge of
probate and charge the account of the officer making the error with all taxes, interests,
fees, and costs involved in said sale. The Comptroller shall notify the...
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40-5-19
Section 40-5-19 Sale of real property if personalty insufficient. When no personal property
can be found out of which the taxes of any delinquent taxpayer can be collected, or an amount
insufficient to fully satisfy such taxes, the real estate of such taxpayer or the real estate
upon which such taxes are a lien shall be sold for the payment thereof, or of the balance
due thereon, in the manner hereinafter prescribed. But the failure of the tax collector to
so exhaust such personal property shall not invalidate the sale of any real estate. (Acts
1935, No. 194, p. 256; Code 1940, T. 51, §208.)...
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