43-2-374
Section 43-2-374 When executor or administrator protected in payment of debts. The payment
of any debt against the estate of the executor or administrator, after six months from the
grant of letters, protects him to the extent of the payment from liability on any other debt
against such estate which had not been presented at the time of such payment. (Code 1852,
§1790; Code 1867, §2117; Code 1876, §2494; Code 1886, §2086; Code 1896, §136; Code 1907,
§2600; Code 1923, §5825; Acts 1931, No. 722, p. 839; Code 1940, T. 61, §221.)...
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6-5-60
Section 6-5-60 By whom and against whom action may be commenced; venue. (a) Any person, firm,
or corporation injured or damaged by an unlawful trust, combine, or monopoly, or its effect,
direct or indirect, may, in each instance of such injury or damage, recover the sum of $500
and all actual damages from any person, firm, or corporation creating, operating, aiding,
or abetting such trust, combine, or monopoly and may commence the action therefor against
any one or more of the parties to the trust, combine, or monopoly, or their attorneys, officers,
or agents, who aid or abet such trust, combine, or monopoly. All such actions may be prosecuted
to final judgment against any one or more of the defendants thereto, notwithstanding there
may be a dismissal, acquittal, verdict, or judgment in favor of one or more of the defendants.
(b) Actions under this section may be commenced in any county where the trust, combine, or
monopoly was formed or where it exists or is carried on, promoted,...
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43-2-213
Section 43-2-213 Plaintiff required to prove compliance with section 43-2-211. Before a judgment
is rendered in a civil action brought by such foreign executor or administrator, the plaintiff
must prove that he has complied in all respects with the provisions of section 43-2-211, and,
failing to do so, he cannot recover. (Code 1852, §1935; Code 1867, §2294; Code 1876, §2638;
Code 1886, §2292; Code 1896, §361; Code 1907, §2827; Code 1923, §6066; Code 1940, T. 61,
§153.)...
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43-2-418
Section 43-2-418 Completion, gathering and sale of crops commenced by decedent. Any crop commenced
by a decedent may be completed and gathered by the executor or administrator, and, the expenses
of the plantation being deducted therefrom, is assets in his hands, and may be sold by him
at private sale, either in or out of the state. (Code 1852, §§1750, 1901; Code 1867, §§2073,
2261, 2262; Code 1876, §§2439, 2440, 2441; Code 1886, §2098; Code 1896, §150; Code 1907,
§2614; Code 1923, §5841; Code 1940, T. 61, §236.)...
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43-2-48
Section 43-2-48 Conclusiveness of letters. Letters testamentary or of administration and letters
to a special administrator or to any general administrator, sheriff or coroner, granted by
any court having jurisdiction, are conclusive evidence of the authority of the person to whom
the same are granted, from the date thereof until the same are revoked; and, when granted,
such letters exclude the probate court of every other county from the jurisdiction thereof
and extend to all the property of the deceased in the state. (Code 1852, §1693; Code 1867,
§2014; Code 1876, §2376; Code 1886, §2034; Code 1896, §77; Code 1907, §2530; Code 1923,
§5752; Code 1940, T. 61, §87.)...
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43-2-502
Section 43-2-502 Filing of account, etc. - Generally. In making settlements of an administration,
the executor or administrator must proceed as follows: He must make out an account between
himself and the estate he represents, charging himself with all the assets of the deceased
which have come into his possession, except the lands, and crediting himself with all the
credits he is by law entitled to; which account, verified by his oath, must be filed with
the judge of probate of the court having jurisdiction. With such account he must also file
written evidence in his possession, on which he relies to sustain the credit side of such
account, which may consist of an affidavit or any other legal evidence, in the discretion
of the executor or administrator. He must, at the same time, file a statement, on oath, of
the names of the heirs and legatees of such estate, specifying particularly which are under
the age of 19 years; and, if any of them are persons of unsound mind, it must be...
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43-2-813
Section 43-2-813 Effect of order or decree of insolvency certified to other courts after judgment
or decree therein rendered. After judgment or decree has been rendered in any court against
an executor or administrator for any debt, damages or costs, if the estate is subsequently
declared insolvent, such personal representative may file a certified copy of the decree or
order of the probate court declaring such estate insolvent with the clerk or register of the
court in which such judgment or decree was rendered against the personal representative; whereupon,
it shall be the duty of such clerk or register to certify back to the probate court a copy
of such judgment or decree for payment in the probate court as other claims against insolvent
estates, after which no execution shall issue or be further enforced against such executor
or administrator or sureties personally by the court rendering such judgment or decree. (Code
1907, §2796; Code 1923, §6035; Code 1940, T. 61, §422.)...
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6-7-102
Section 6-7-102 Actions against guardians of persons of unsound minds. The guardian of a person
of unsound mind may have an action commenced against him on any contract made by the ward,
for any tort committed by him while of sound mind or for necessaries furnished him or his
family before the appointment of a guardian. (Code 1867, §2432; Code 1876, §2795; Code 1886,
§2583; Code 1896, §21; Code 1907, §2480; Code 1923, §5690; Code 1940, T. 7, §106.)...

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6-8-81
Section 6-8-81 Debt or liquidated demand due comaker or principal. A comaker or surety against
whom an action is commenced jointly or alone may, with the consent of his comaker or principal,
counterclaim a debt or liquidated demand due from the plaintiff at the commencement of the
action to such comaker or principal. (Code 1852, §2243; Code 1867, §2645; Code 1876, §2994;
Code 1886, §2681; Code 1896, §3731; Code 1907, §5862; Code 1923, §10176; Code 1940, T.
7, §354.)...
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43-2-137
Section 43-2-137 Action on bond. Civil actions may be brought or proceedings had on any bond
given by an executor or administrator, as such, in the name of the party aggrieved until the
whole penalty is exhausted. (Code 1852, §1713; Code 1867, §2034; Code 1876, §2403; Code
1886, §2272; Code 1896, §341; Code 1907, §2809; Code 1923, §6048; Code 1940, T. 61, §125.)...

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