6-6-183
Section 6-6-183 Complaint for discovery of assets - Execution returned "no property found"
or creditor without lien or judgment; answer of debtor. A creditor, having obtained a judgment
upon which execution has issued and been returned "no property found" or a creditor
without a lien or judgment may, in a court of competent jurisdiction of the county in which
the judgment debtor resides or in a like court of the county in which the judgment was entered,
file a complaint for the discovery of the assets of the debtor subject to the payment of debts;
and the debtor must answer on oath and disclose all property, real or personal, in which he
may have or may claim an interest, legal or equitable; all moneys, effects, or choses in action
in which he may have or may claim an interest, legal or equitable; where such property, real
or personal, is situated or may be found; who has or may claim possession thereof; in whose
possession are the moneys, effects, or choses in action in which he has...
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43-2-88
Section 43-2-88 When sureties discharged by additional bond. When an additional bond is given
on the application of the surety of an executor or administrator, such surety is discharged
as to all breaches subsequent to the execution and approval of the additional bond. (Code
1852, §1715; Code 1867, §2036; Code 1876, §2405; Code 1886, §2057; Code 1896, §104; Code
1907, §2551; Code 1923, §5773; Code 1940, T. 61, §107.)...
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12-13-17
Section 12-13-17 Liability of sheriff, deputies, etc., for failure to make money on or return
execution issued by probate court, etc. For a failure to make money on or for failing to return
any execution issued from or returnable to the probate court or for not paying over money
collected on such execution, the sheriff, coroner or other officer and his sureties are liable
to the same penalties and judgments as in like cases in the circuit court, the proceedings
to be instituted and conducted in the probate court in the same manner as in the circuit court,
either party having the right, on request, to a trial of all questions of fact by a jury,
and an appeal from the judgment entered may be taken to the circuit or Supreme Court. (Code
1852, §681; Code 1867, §806; Code 1876, §711; Code 1886, §800; Code 1896, §3379; Code
1907, §5437; Code 1923, §9599; Code 1940, T. 13, §308.)...
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43-2-211
Section 43-2-211 Right to maintain actions and recover or receive property in state. Any executor
or administrator who has obtained letters testamentary or of administration on the estate
of a person who was not, at the time of his death, an inhabitant of this state, in any other
of the United States, and who has not obtained letters of administration thereon in this state,
as authorized by article 8 of chapter 2 of this title, may maintain civil actions and recover
or receive property in this state: (1) By recording, at any time before judgment or the receipt
of the property, a copy of his letters, duly authenticated according to the laws of the United
States, in the office of the judge of probate of the county in which such civil action is
brought or property received; or (2) By giving bond, with at least two good and sufficient
sureties, payable to and approved by such judge of probate, in such amount as he may prescribe,
to be determined with reference to the value of the property...
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43-2-313
Section 43-2-313 Oath upon return of inventory. On the return of the inventory, the executor
or administrator must take and subscribe an oath, to be administered by the judge of probate,
or any justice of the peace or notary public of the county, that such inventory is full and
complete, as to the property of the decedent, which has come to his knowledge or possession.
(Code 1852, §1726; Code 1867, §2049; Code 1876, §2418; Code 1886, §2070; Code 1896, §117;
Code 1907, §2581; Code 1923, §5805; Code 1940, T. 61, §192; Acts 1984, No. 84-258, p. 426,
§1.)...
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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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43-2-83
Section 43-2-83 Discharge of surety; new bond. (a) Upon the application in writing of any surety
or sureties upon the bond of an executor or administrator requesting to be discharged from
any future liability as such surety or sureties, or upon the application in writing of the
personal representative or of an heir or devisee of a deceased surety upon such bond requesting
that the estate of such deceased surety be discharged from future liability by reason of such
suretyship, the court shall give to such executor or administrator notice of such application
and require him, within 15 days after the service of the notice, to make a new bond; and upon
the failure to make such bond, such executor or administrator shall be removed and his letters
revoked; and upon such removal he shall make settlement of his administration. Any number
of persons having the right to make application under this section may join in the application.
(b) When a new bond is given under subsection (a) of this...
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43-2-153
Section 43-2-153 Enforcement of judgment of circuit court against representative. When any
judgment is entered in the circuit court against any executor or administrator, as such, and
an execution thereon has been returned "no property" by the sheriff or other officer
of the county in which such judgment was entered, an execution may issue against the executor
or administrator personally, to be levied on his goods and chattels, lands and tenements.
(Code 1852, §1923; Code 1867, §2282; Code 1876, §2620; Code 1886, §2278; Code 1896, §347;
Code 1907, §2814; Code 1923, §6053; Code 1940, T. 61, §130.)...
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43-2-254
Section 43-2-254 Enforcement of decree or judgment when administrator adversely interested.
When such administrator ad litem is appointed on account of the adverse interest of the executor
or administrator, and the decree or judgment is rendered against such executor or administrator,
no execution, writ of possession or other writ for the enforcement of the decree or judgment
shall issue thereon, but in such decree or judgment the court shall require the executor or
administrator to charge himself, as executor or administrator of the estate represented by
the administrator ad litem, with the money or property recovered of him by the administrator
ad litem; but when the decree or judgment is not against the executor or administrator, execution,
writ of possession, or other writ for the enforcement of the judgment or decree, shall issue
thereon in favor of such executor or administrator. (Code 1876, §2628; Code 1886, §2287;
Code 1896, §356; Code 1907, §2822; Code 1923, §6061; Code...
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36-23-9
Section 36-23-9 Liability of constable and sureties on bond. The constable and sureties on
his bond are responsible for moneys received by him by virtue of his office upon any summons,
attachment or execution issued by any lawful authority, whether the same is received before
or after judgment or before or after the return day of the execution. (Code 1852, §2810;
Code 1867, §3256; Code 1876, §3653; Code 1886, §851; Code 1896, §980; Code 1907, §3333;
Code 1923, §6803; Code 1940, T. 54, §37.)...
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