35-6-85
Section 35-6-85 Conduct of hearing generally; order confirming sale. On the day appointed for
such hearing, or on any other day to which it may be continued the court must proceed to hear
such report and the evidence for and against the confirmation of such sale. Such evidence
shall be taken orally in open court at the time of the hearing or by deposition as in actions
before the circuit court. If upon such hearing it shall appear to the satisfaction of the
court that such sale as made is to the interest of the ward, the court shall make an order
confirming the same, and, if it shall appear to the court that full payment has been made
to the guardian for the interest of the minor in such sale, such order shall direct the guardian,
or any other person appointed by the court, to make conveyance of the interest of the ward
in the land or realty to the purchaser thereof. (Code 1907, §5258; Code 1923, §9362; Code
1940, T. 47, §224.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-85.htm - 1K - Match Info - Similar pages

43-2-450
Section 43-2-450 Order of sale for payment of debts. On the hearing of such application, and
when the application is by an executor or administrator with the will annexed, that no power
is given by the will for that purpose, the court may direct the sale of all, or such portion
of the real estate as may be necessary to pay the debts; and such sale may be had on such
credit as the court may direct, not exceeding two years. (Code 1852, §1760; Code 1867, §2086;
Code 1876, §2456; Code 1886, §2112; Code 1896, §165; Code 1907, §2629; Code 1923, §5858;
Code 1940, T. 61, §253; Acts 1984, No. 84-258, p. 426, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-450.htm - 959 bytes - Match Info - Similar pages

43-2-462
Section 43-2-462 Confirmation of sale. Whenever the court is satisfied that such sale was fairly
conducted, and the land sold for an amount not greatly less than its real value, and the purchase
money is paid, or sufficiently secured, by mortgage or other personal security, it must make
an order confirming such sale; but such order of confirmation shall not be made until after
the expiration of 10 days after the report of sale is filed. (Code 1852, §1769; Code 1867,
§2095; Code 1876, §2467; Code 1886, §2123; Code 1896, §177; Code 1907, §2642; Code 1923,
§5872; Code 1940, T. 61, §266.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-462.htm - 934 bytes - Match Info - Similar pages

43-2-481
Section 43-2-481 Application for sale. The application for the sale of lands for the payment
of legacies must be made by the executor by petition, verified by affidavit, to the probate
court having jurisdiction of the estate. It must describe the lands accurately and give the
names of the devisees and their places of residence and must state whether any and which such
devisees are under the age of 19 years or of unsound mind, and must also show that the lands
prayed to be sold are charged or chargeable, expressly or by necessary implication, with the
payment of pecuniary legacies, and that no power is given the personal representative to sell
the lands for such purpose. (Acts 1923, No. 481, p. 632; Code 1923, §5884; Code 1940, T.
61, §278.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-481.htm - 1K - Match Info - Similar pages

43-2-709
Section 43-2-709 Appeals. (a) Any party to the proceedings to declare an estate insolvent may
appeal to the supreme court or court of civil appeals from the decree or order declaring the
estate insolvent or dismissing the report within 42 days from the rendition of such order
or decree in the manner provided by law for appeals from the probate court in other similar
or like proceedings. (b) If an appeal has been taken on a contest as to the report of insolvency,
the case must, on motion, be continued during the pendency of such appeal. (Code 1852, §1861;
Code 1867, §2210; Code 1876, §2582; Code 1886, §2252; Code 1896, §320; Code 1907, §§2764,
2765; Code 1923, §§6003, 6004; Code 1940, T. 61, §§390, 391.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-709.htm - 1K - Match Info - Similar pages

6-10-95
Section 6-10-95 Reduced homestead incapable of allotment - Sale - When allowed. The homestead
of a decedent may be sold by order of the court having jurisdiction of the estate, on petition
of executor or administrator, when the same, after being reduced to its lowest area, exceeds
$6,000 in value and when it is necessary that the same be sold for the payment of debts because
the remainder of the estate is insufficient to pay all debts and claims against the estate
and the surviving spouse or minor children fail to pay the deficiency within 30 days after
notice of said petition. (Code 1923, §5850; Code 1940, T. 7, §686; Acts 1951, No. 911, p.
1558, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-95.htm - 976 bytes - Match Info - Similar pages

6-6-77
Section 6-6-77 Sale of property levied on where perishable or expensive to keep. (a) If the
property levied on is perishable or if the expense of keeping is great, it must be sold by
order of the court, on motion of either party, and the proceeds of sale retained by the sheriff
to await the decision of the case, unless the court otherwise directs. (b) If the property
levied on is of so perishable a nature that it will deteriorate greatly in value or be destroyed
before the meeting of the court or if the charge of keeping it is very great, it is the duty
of the sheriff, if not replevied, to sell it at public auction, returning a statement of the
facts and the money to the court. (Code 1852, §§2528, 2529; Code 1867, §§2956, 2957; Code
1876, §§3281, 3282; Code 1886, §§2958, 2959; Code 1896, §§549, 550; Code 1907, §§2949,
2950; Code 1923, §§6197, 6198; Code 1940, T. 7, §§870, 871.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-77.htm - 1K - Match Info - Similar pages

43-2-451
Section 43-2-451 Proof of facts on application to sell for division; order of sale. The facts
stated in an application to sell land for distribution may be proved or disproved by the deposition
of disinterested witnesses, or by oral examination of disinterested witnesses in open court,
which must be reduced to writing, filed and recorded; and if the facts stated in such application
are proven to the satisfaction of the court by the evidence, the court may order a sale of
the land, which must be sold on such terms as the court may direct, not exceeding a credit
of three years. (Code 1852, §1872; Code 1867, §2228; Code 1876, §2457; Code 1886, §2113;
Code 1896, §166; Code 1907, §2630; Code 1923, §5859; Code 1940, T. 61, §254.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-451.htm - 1K - Match Info - Similar pages

36-22-10
Section 36-22-10 Maintenance of record book as to executions or orders of sale received by
sheriff generally. Each sheriff must also enter in well-bound books, whenever any execution
or order of sale is received by him, the names of the parties, the character of the process,
the time of its receipt, the date of the judgment on which the same issued, if it appears
from such process, the amount of the same, principal and costs, the court from which it issued
and the name of the attorneys as endorsed thereon. (Code 1852, §691; Code 1867, §819; Code
1876, §732; Code 1886, §812; Code 1896, §3742; Code 1907, §5874; Code 1923, §10200; Code
1940, T. 54, §19.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-22-10.htm - 1002 bytes - Match Info - Similar pages

43-2-391
Section 43-2-391 Notice and hearing. Such application must not be heard until 10 days after
the filing thereof, and notice thereof may be given to some person adversely interested whenever
the court may deem just. When, or at such time as the court may continue the hearing, the
court, satisfied that the claim is bad or doubtful, and that a sale or compromise thereof
will promote the interests of the estate, must make and enter a decree directing the sale
or compromise of the claim, as may be best for the interests of the estate. If a sale is decreed,
it must be made by the executor or administrator at the courthouse of the county, or such
other place as the court may direct, at public outcry to the highest bidder for cash, after
having first given notice of the time and place thereof by publication, once a week for three
successive weeks, in some newspaper published in the county, or if none is published therein,
by posting notices for three weeks at the courthouse door, and three...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-391.htm - 1K - Match Info - Similar pages