43-2-335
Section 43-2-335 Order authorizing hiring of laborers - Petition; notice and hearing. Before
granting such order, the court must require the administrator to file a petition under oath,
setting forth the facts upon which the application is based; and, upon the filing of such
petition, the court must appoint a day for the hearing of the same, and must give 10 days'
notice thereof by advertisement in some newspaper published in the county, or if there be
no newspaper published in the county, then by posting the notice at the courthouse door. On
the day appointed, the court must proceed to hear and determine the same upon the evidence
adduced by the petitioner, or the other parties in interest, and any other evidence that the
court may, in its discretion, cause to be adduced. Unless good cause be shown to the contrary,
the court must grant such order, and must require the petitioner to return a written report
of such hiring under oath, on or before a day specified in such order. (Code...
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43-2-467
Section 43-2-467 Correction of mistake in description of lands sold. (a) When a mistake has
been made in the description of lands of a decedent sold in good faith under an order of the
probate court, either in the petition, order or other proceedings, the court ordering the
sale has authority, on the written application of the purchaser, or his heirs or personal
representatives, or any person holding under him, verified by affidavit, to correct such mistake.
The application must contain a correct description of the lands sold, and must state the facts,
and the names, ages and places of residence of the personal representatives and heirs or devisees
of such decedent, if known, and if there be no personal representative, that fact must be
stated; and, upon the filing of such application, the court must appoint a day for the hearing,
of which, and of the nature of the application, notice must be given, by personal service,
to the personal representative of such decedent, and such of his...
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19-3-28
Section 19-3-28 Notice to creditors. Upon the making of such order the register or clerk must
give notice thereof by mail, postage prepaid, to each creditor whose name and address he may,
by diligent inquiry and investigation, ascertain from the trustee, or assignor, or the record
of the deed of assignment in the office of the judge of probate, or any other available source
of information, and must also give notice by publication once a week for three successive
weeks in a newspaper published in the county, or if there be no such paper, by posting the
notice at the courthouse door for the same length of time. Such notice may be substantially
in the following form: "To the creditors of A.B., of _____: "The said A.B., having
made an assignment for the benefit of creditors, and C.D. having filed his petition for the
administration of such trust by the circuit court, and the circuit judge having made an order
designating the _____ day of _____, as a day by or on which all claims of...
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11-42-2
Section 11-42-2 Annexation election and proceedings generally; proceedings where parties consent
to annexation. Whenever the council shall pass a resolution to the effect that the public
health or public good requires that certain territory (described in the resolution) shall
be brought within the limits of the city or town: (1) It shall be the duty of the mayor to
certify a copy of such resolution to the judge of probate of the county in which the land
proposed to be annexed is situated, and said certified resolution shall have attached thereto
a plat or map of said territory, which certified resolution and plat or map shall be filed
by the judge of probate. (2) Except as provided in subdivision (9) of this section, the judge
of probate shall, not less than 10 nor more than 15 days from the date of the filing of such
resolution, make and enter an order upon the minutes of said court, directing and ordering
an election to be held by the qualified electors residing within the territory...
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11-40-65
Section 11-40-65 Filing petition for foreclosure; form of petition; notice. (a) After a municipal
code lien has been recorded with the office of the probate judge of the county in which the
real property lies, the Class 2 municipality may identify those properties on which to commence
a judicial in rem foreclosure in accordance with this article, except that those properties
the Class 2 municipality identifies as owner occupied shall not be subject to judicial in
rem foreclosure under this article. The Class 2 municipality shall not file a petition for
judicial in rem foreclosure in accordance with this article for a period of six months following
the date upon which the municipal code lien is recorded in the office of the probate judge.
A petition for judicial in rem foreclosure may include any other municipal code lien that
has been filed prior to the date the petition is filed. After enforcement proceedings have
commenced in accordance with this article, the enforcement proceedings...
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19-2-4
Section 19-2-4 Notice of petition; representation by attorney. Notice of any petition to remove
a fiduciary in war service and the day appointed to hear the same must be given to him by
the register or clerk by registered or certified mail, postage prepaid, addressed to him at
his post-office address, if known, or by publication once a week for four consecutive weeks
in some newspaper published in the county, and if no newspaper is published in the county
by posting at the courthouse door and three other public places in the county. If said fiduciary
does not personally appear therein, or is not represented by an authorized attorney, the court
may appoint an attorney to represent him and a reasonable fee, to be taxed as a part of the
costs of such proceedings, may be allowed to said attorney so appointed. Notice of said petition
and the time appointed to hear the same must be given by the register or clerk to all other
parties interested in the trust fund or the estate being...
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42-2-3
Section 42-2-3 Order appointing day of hearing; publication and service of notice of hearing.
On the filing of the application, the court must make and enter an order appointing the day
for the hearing thereof. If the owner of the land resides within the state, the court must
issue notice to him of the application and of the day of the hearing thereof, which must be
served by the sheriff or other legal officer at least 10 days before the day appointed for
the hearing. If the owner is unknown or if he resides without the state or has been absent
from the state or beyond the jurisdiction of the court in which the application is made for
six months next before the time of the filing of the application in said court, notice may
be given by advertisement in any newspaper published in the county or, if there be no newspaper
published in the county, by posting notice at the courthouse and three other public places
for at least three weeks before the day appointed for the hearing. If the owner...
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43-2-704
Section 43-2-704 Time for hearing; notice of hearing. The probate court, on the filing of such
report and statements, must appoint a day, not less than 30 nor more than 60 days therefrom,
to hear and determine the same and must give notice to the creditors of and to all persons
interested in the estate of the filing of the report and the day appointed to hear and determine
the same by publication, once a week for three successive weeks, in some newspaper published
in the county or, if none is published therein, in a newspaper published nearest to the courthouse
of such county, and by posting such notice at the courthouse door for the same length of time
and by forwarding such notice by mail to all creditors and to all adult heirs or distributees
whose places of residence are known, and shall appoint guardians ad litem for all heirs or
distributees who are minors or of unsound mind. Upon the day appointed or on any other day
to which the hearing is continued, the court must proceed to...
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43-2-791
Section 43-2-791 Application for order for sale - Form and contents; verification; notice to
heirs and devisees. Such application shall be in writing, verified by affidavit, shall contain
an accurate description of the lands sought to be sold and shall set forth the names and places
of residence of the heirs or devisees and whether they are under or over the age of 19 years;
and the court shall give notice to such heirs or devisees of the filing of such application
and of the day appointed to hear the same by publication once a week for three successive
weeks in some newspaper published in the county or, if none is published therein, in the newspaper
published nearest to the courthouse of such county, by posting notice at the courthouse door
for the same length of time and by forwarding notices to those whose places of residence are
known. If any of the heirs or devisees are unknown, they may be made parties in the manner
provided by section 43-2-447. (Code 1886, §2259; Code 1896,...
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43-2-465
Section 43-2-465 Right of purchaser to cite executor or administrator to report sale. (a) If
the executor or administrator fails, within the time required by law, to report any sale of
lands made by him under the provisions of this article, the purchaser, or his heirs, or any
other person claiming under him directly or derivatively, may, on motion in the probate court,
have citation to issue to such executor or administrator, citing him to appear within 20 days
from the date of the service of the citation, and report the sale; and if such executor or
administrator is then a nonresident of the state, or his place of residence is unknown to
the party asking for the citation, the court, on affidavit being made of either of these facts,
must cause service of such citation to be made by publication, once a week for three successive
weeks, in some newspaper published in the county, or if none is published therein, in the
newspaper published nearest to the courthouse of such county. (b) If...
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