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35-6-112
Section 35-6-112 Time for hearing; guardians ad litem. Upon the filing of such application,
a day must be appointed for the hearing of the same, within 15 days thereafter, if the parties
are residents of this state, but if they are nonresidents, within 30 days thereafter; and
if any of the parties in interest are minors or persons of unsound mind, guardians ad litem
must be appointed to represent them, unless they have general guardians who will represent
them on the hearing. (Code 1876, §3323; Code 1886, §3265; Code 1896, §3190; Code 1907,
§5236; Code 1923, §9340; Code 1940, T. 47, §233.)...
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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.)...
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40-10-81
Section 40-10-81 Books and records as prima facie evidence. Unless otherwise provided, on the
trial of any issue involving the sale of real estate for taxes, or the redemption thereof,
the books and records belonging to the office of the judge of probate, tax collector or tax
assessor and required by law to be kept or certified copies therefrom shall be prima facie
evidence of the facts stated therein. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §294.)...
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43-8-201
Section 43-8-201 Contest in circuit court after admission to probate - Additional time for
contest by infants and persons of unsound mind. After the expiration of such six months, the
validity of the will can only be contested by infants and persons of unsound mind who had
no legal guardian at the time the will was admitted to probate, or who were not represented
by a guardian ad litem, who are allowed 12 months after the appointment of a guardian, or,
if none be appointed, 12 months from the termination of their respective disabilities in which
to contest such will, but in no case to exceed 20 years from the time the will was admitted
to probate; and also provided there has not been one contest instituted and prosecuted to
final judgment in the circuit court as is provided for in sections 43-8-199 and 43-8-200;
in which case the final judgment of the circuit court, court of civil appeals or supreme court
shall be final and conclusive against all parties. (Code 1852, §1656; Code 1867,...
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6-6-566
Section 6-6-566 Prima facie and conclusive evidence of title. (a) Against all parties to the
complaint who have made no answer thereto within the time allowed for such purpose and against
all persons not intervening in said case and claiming an interest in said lands prior to the
time the case became at issue, proof of actual, peaceable possession by the plaintiff and
color of title to said lands in the plaintiff shall be conclusive evidence of title to said
lands in the plaintiff. (b) Against all persons who have neither paid any taxes upon said
lands nor had any possession thereof, or of any part thereof, during the five years next preceding
the filing of the complaint, against all parties to the complaint who have made no answer
thereto within the time allowed for such purpose and against all persons not intervening in
said case and claiming an interest in said lands prior to the time the case became at issue,
proof of color of title to said lands in the plaintiff or in the...
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11-51-23
Section 11-51-23 Redemption of property after sale - Authorization and procedure generally.
Such persons as are authorized to redeem property sold at state tax sales may redeem from
the purchaser at any sale for municipal taxes at any time within two years after the sale
upon paying to the purchaser or to the city or town treasurer the amount for which the property
was sold and interest at a rate of six percent per annum and such sums as the purchaser may
have paid for taxes and the interest thereon and all sums for which such parties may have
become liable, on account of taxes, to pay by reason of owning the property, together with
the sum of $2.00 to pay the cost of reconveyance of such property. (Code 1907, §1328; Code
1923, §2143; Code 1940, T. 37, (tm)689.)...
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35-6-115
Section 35-6-115 Decree of partition or sale; effect on existing liens. (a) If, on the hearing,
the court is satisfied from the evidence that the parties are joint owners or tenants in common
in the crops, a decree must be entered, declaring the interest or share each has therein,
and ordering the crops divided in specie, or sold for division, as may appear from the evidence
more practicable and better for the interests of the parties; and if any liens exist on the
crops, or on any interest or share therein, in favor of any of the parties, such liens, and
the extent and amount thereof, must be declared; and if a division in specie is ordered, such
liens shall be charges only on the shares of the parties against whom they exist, but if a
sale is ordered, the proceeds of the shares or interest upon which they exist, after payment
of their part of the costs, shall be applied to the satisfaction of such liens. (b) When any
lien exists on the crops, or on any share or interest therein, in...
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35-6-43
Section 35-6-43 Time and place of hearing; notice; guardians ad litem; nonresidents as parties.
Upon the filing of the application, a day not less than 30 days thereafter must be appointed
for hearing the same; and of the time and place of such hearing, all parties in interest must
have at least 10 days' notice; and when infants or persons of unsound mind are parties, if
they have no general guardians, guardians ad litem must be appointed to represent them; and
if any of the parties in interest are nonresidents, they must be made parties in the same
manner, and to the same extent, as is done when property in the hands of an executor or administrator
is to be divided or distributed. (Code 1867, §3107; Code 1876, §3501; Code 1886, §3240;
Code 1896, §3164; Code 1907, §5206; Code 1923, §9306; Code 1940, T. 47, §195.)...
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40-10-12
Section 40-10-12 Notice of sale. Immediately at the end of any term of court at which any decree
for sales of real estate for the payment of taxes is rendered, or as soon thereafter as practicable,
the tax collector shall proceed to enforce such decree by sales of real estate ordered to
be sold, and to this end shall give notice for 30 days before the day of sale, by publication
for three successive weeks in some newspaper published in the county, or at least three weeks
before the day of sale shall post a notice at the courthouse of his county and at some public
place in the precinct in which the real estate is situated that at the time specified therein
he will proceed to sell such real estate separately, describing such portions as are embraced
in each decree and stating the amount for which each decree was rendered (without stating
the items of which said decree is composed) and the person against whom the taxes embraced
in such decree were assessed or, if assessed to "owner...
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43-2-444
Section 43-2-444 Application for sale. The application for the sale of lands, either for payment
of debts or for division, must be made by the executor or administrator in writing, verified
by affidavit, to the probate court having jurisdiction of the estate, must describe the lands
accurately, must give the names of the heirs or devisees, and their places of residence and
must also state whether any, and which of such heirs or devisees, are under the age of 19
years or of unsound mind; and such application may be contested by any party interested in
the estate. (Code 1852, §§1759, 1868; Code 1867, §§2085, 2222; Code 1876, §§2450, 2453;
Code 1886, §2106; Code 1896, §158; Code 1907, §2622; Code 1923, §5851; Code 1940, T. 61,
§246.)...
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