8-5-28
Section 8-5-28 Action to charge endorser or assignor on contracts assigned by writing and not
covered by Uniform Commercial Code - When holder of contract excused from bringing action,
obtaining judgment, etc. The holder of an endorsed or assigned contract which is not governed
by the Uniform Commercial Code is excused from bringing an action, obtaining the judgment,
and issuing the execution thereon when: (1) The maker has no known place of residence in the
state; (2) By the use of ordinary diligence such residence cannot be ascertained; (3) The
action has been commenced in the county of the residence of the maker and a summons to the
first and next succeeding court returned not found by the proper officer; (4) A judgment against
the maker has been defeated, in whole or in part, by a defense to the merits of such contract
or writing or a setoff against any other than the endorsee or assignee; (5) Any defense, except
a setoff to the merits of such contract or writing, exists which...
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43-2-134
Section 43-2-134 Judgments against administrators in chief revived against administrators de
bonis non. In all cases where judgment has been rendered against an administrator in chief
of any estate, and such administrator in chief dies, resigns or is removed before the satisfaction
of such judgment, such judgment may be revived in favor of the owners of such judgment, or
their personal representative, against the administrator de bonis non of such estate on 10
days' notice to such administrator de bonis non; but such liabilities shall only bind the
administrator de bonis non to the extent of the assets of the estate which have come into
his possession. (Code 1907, §2806; Code 1923, §6045; Code 1940, T. 61, §122.)...
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6-9-63
Section 6-9-63 Execution where defendant dead. After six months from the date of the grant
of letters testamentary or of administration on the estate of any defendant, in a judgment
for money, execution thereof may be had by leave of the court entering the judgment, or of
the judge thereof, upon cause shown, against any property on which said judgment was a lien
at the time of the death of the defendant, and a sale of such property may be made in the
same manner and with the same effect as if the defendant were living. In case of the death
of the defendant in a judgment for the recovery of real or personal property, execution may
be had without revival in the same manner as if the defendant had not died. (Code 1907, §4096;
Code 1923, §7811; Code 1940, T. 7, §524.)...
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43-2-708
Section 43-2-708 Second declaration by succeeding administrator not necessary. An estate of
a decedent having once been declared insolvent, it shall not be necessary for any succeeding
administrator to apply for or obtain a declaration or decree of insolvency; but a declaration
of insolvency once had, and remaining unreversed, shall continue and apply to and be effectual
under all subsequent administrations, as if obtained under each of them. (Code 1867, §4424;
Code 1876, §2589; Code 1886, §2261; Code 1896, §329; Code 1907, §2766; Code 1923, §6005;
Code 1940, T. 61, §392.)...
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6-9-93
Section 6-9-93 Sale of levied property - Payment to debtor. When, at an execution sale, the
amount of the sale exceeds the judgment, interest and costs, the excess must be paid to the
debtor or his legal representative. When money is paid or collected on an execution, the whole
or any part of which is enjoined, the same must, on demand, be refunded to the debtor or his
legal representative if it has been paid over to the plaintiff, his agent or attorney without
notice of the injunction. (Code 1852, §2452; Code 1867, §2866; Code 1876, §3204; Code 1886,
§2913; Code 1896, §1911; Code 1907, §4118; Code 1923, §7833; Code 1940, T. 7, §545.)...

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43-2-111
Section 43-2-111 Liability for damages recovered under sections 6-5-391, 6-5-410 or 25-6-3.
The personal representative and the sureties on his bond are liable to the parties in interest
for the due and legal distribution of all damages recovered by such representative under sections
6-5-391, 6-5-410 or 25-6-3, and are subject to all remedies which may be pursued against such
representative and sureties for the due administration of personal assets. (Code 1886, §2593;
Code 1896, §338; Code 1907, §2799; Code 1923, §6038; Code 1940, T. 61, §115.)...
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43-2-561
Section 43-2-561 Settlement by sureties of deceased executor or administrator - Making representative
of deceased executor or administrator party to settlement. Should an administrator or executor
of such deceased executor or administrator be appointed at any time before final decree, any
party to the proceeding may, on motion, have such executor or administrator of such deceased
executor or administrator made a party to such settlement on 10 days' notice. (Acts 1915,
No. 98, p. 138; Code 1923, §5936; Code 1940, T. 61, §331.)...
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6-6-144
Section 6-6-144 Suspending entry of judgment - Against executor or administrator. No judgment
can be entered against an executor or administrator upon his answer in attachment, or garnishment,
until six months after the grant of letters testamentary or of administration. (Code 1852,
§2522; Code 1867, §2949; Code 1876, §3274; Code 1886, §3002; Code 1896, §569; Code 1907,
§2970; Code 1923, §6218; Code 1940, T. 7, §891.)...
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43-2-114
Section 43-2-114 Resignation as defense. No executor or administrator can allege his resignation
in defense to any action or proceeding without an averment that he has settled his administration
and delivered over the assets of the estate as required by law. (Code 1852, §1920; Code 1867,
§2279; Code 1876, §2617; Code 1886, §2270; Code 1896, §339; Code 1907, §2800; Code 1923,
§6039; Code 1940, T. 61, §116.)...
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43-2-212
Section 43-2-212 Action not affected by grant of letters of administration in state; right
of intervention. No civil action brought by any foreign executor or administrator, under the
provisions of section 43-2-211, must be abated, barred or affected by the grant of letters
of administration in this state, either prior or subsequent to the institution of such action;
but, in such case, the administrator appointed in this state may, if necessary for the protection
of creditors, distributees, or legatees, resident in this state, intervene in such action
and shall be entitled to the recovery therein. (Code 1867, §2293; Code 1876, §2637; Code
1886, §2291; Code 1896, §360; Code 1907, §2826; Code 1923, §6065; Code 1940, T. 61, §152.)...

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