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43-2-416
Section 43-2-416 When bid rejected and sale postponed. When the highest amount bid for the
property, or any part thereof, is, in the opinion of the executor or administrator, greatly
less than its fair value, he may withdraw the property and postpone the sale. (Code 1896,
§148; Code 1907, §2612; Code 1923, §5839; Code 1940, T. 61, §234.)...
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43-2-417
Section 43-2-417 Resale upon failure of purchaser to comply with terms; liability for deficiency.
If the purchaser fails to comply with the terms of the sale, the executor or administrator
may again proceed to advertise and sell the property. If, on another and a completed sale,
the property sells for a less sum than the amount bid at the former sale, the purchaser so
in default is liable to the executor, administrator or any person damaged for the deficiency,
and also the expense of the sale. (Code 1896, §149; Code 1907, §2613; Code 1923, §5840;
Code 1940, T. 61, §235.)...
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41-10-755
Section 41-10-755 Bonds of the authority. (a) General. The authority is authorized from time
to time to sell and issue its bonds for the purpose of providing funds to be transferred to
and deposited in the Alabama Trust Fund and the Rainy Day Account, to provide additional funds
to the Alabama Medicaid Agency, for paying the costs of transportation projects, and for the
purpose of refunding any or all of the authority's outstanding bonds. (b) Sources of payment.
Bonds issued by the authority shall be solely and exclusively an obligation of the authority
and shall not create an obligation or debt of the state. Such bonds shall not be general obligations
of the authority but shall be payable solely from one or more of the following sources: (1)
Appropriated funds. (2) The income or proceeds realized by the authority under any mortgage
or security granted to the authority. (3) Amounts derived from any letter of credit, insurance
policy, or other form of credit enhancement applicable to...
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8-6-11
Section 8-6-11 Registration of securities - Exempt transactions. (a) Except as hereinafter
in this section expressly provided, Sections 8-6-3 through 8-6-9 shall not apply to any of
the following transactions: (1) Any isolated nonissuer transaction, whether effected through
a dealer or not; (2) Any nonissuer transaction in an outstanding security by a registered
dealer if: a. The issuer has a class of securities subject to registration under Section 12
of the Securities Exchange Act of 1934 and has been subject to the reporting requirements
of Sections 13 or 15(d) of the Securities Exchange Act of 1934 for not less than 180 days
before the transaction; or has filed and maintained with the commission for not less than
180 days before the transaction information, in such form as the commission, by rule, specifies,
substantially comparable to the information which the issuer would be required to file under
Section 12(b) or Section 12(g) of the Securities Exchange Act of 1934, or the...
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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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43-2-413
Section 43-2-413 Notice of sale. When the application is granted for the sale of any personal
property, the executor or administrator must give notice of the day, place and terms of sale,
and a description of the property to be sold, by advertisement for three successive weeks
in some newspaper published in the county where the sale is to take place, or, by posting
notice at the courthouse door and at three other public places in the county. But when the
property is perishable, or the expense of keeping it is very great, the sale may be made after
five days' notice, which may be given by one insertion in a newspaper published in the county
where the sale is to take place, or, if there be no such paper, by posting at the courthouse
door, and at three other public places in the county. In addition to the notice prescribed
in this article, the court may direct the giving of notice by printed handbills, or posters,
to be distributed and posted in the manner best calculated to give extended...
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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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43-2-455
Section 43-2-455 Advertisement of sale. When the application for the sale of land for the payment
of debts or division is granted and the land directed to be sold, the executor or administrator
must give notice of the day, place and terms of sale, and a description of the property to
be sold, by advertisement for three successive weeks in some newspaper published in the county
where the sale is to take place; and in case of a sale of lands lying in one body, but in
more than one county, such notice must be given in each of the counties. If there is no such
paper published in the county or in any county in which notice is required to be given, then,
as to the county having no such paper, the notice must be given by posting at the courthouse
door, and at three other public places in the county. In addition to the notice prescribed
in this section, the court may direct the giving of notice by printed handbills or posters,
to be distributed and posted in the manner best calculated to give...
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43-2-410
Section 43-2-410 Power of sale conferred. Any part of the personal property of a decedent,
including land warrants and choses in action, may be sold only by order of the court, on the
written application of the executor or administrator, verified by affidavit, in the following
cases, unless, in such cases, power to sell is conferred by the will: (1) For the payment
of debts. (2) To make distribution among the distributees or legatees. (3) To prevent the
waste or destruction of property liable to waste, or of a perishable nature, if it is proved
that the sale would be beneficial to the estate. (Code 1852, §1743; Code 1867, §2067; Code
1876, §2433; Code 1886, §2092; Code 1896, §142; Code 1907, §2606; Code 1923, §5832; Code
1940, T. 61, §228.)...
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43-2-626
Section 43-2-626 Division, sale or assignment of judgments or claims. (a) Any judgments or
claims in favor of the estate, which are not collected at the time of final distribution,
may be divided among the persons entitled, on final distribution; or, if such division cannot
be equitably made, may be sold as other personal property. (b) The executor or administrator
must assign any such judgment or claim to the distributee, legatee or purchaser, as the case
may be; and such person is entitled to collect the same by civil action or otherwise. (Code
1852, §§1799, 1800; Code 1867, §§2126, 2127; Code 1876, §§2503, 2504; Code 1886, §§2169,
2170; Code 1896, §§237, 238; Code 1907, §§2720, 2721; Code 1923, §§5958, 5959; Code
1940, T. 61, §§358, 359.)...
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