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.)...
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43-2-464
Section 43-2-464 Conveyance. After such confirmation, and when the whole of the purchase money
has been paid by the purchaser, or his heirs, or any other person holding under him, directly
or derivatively, on the application of such purchaser, or his heirs, or such other person
holding under him, or of the executor or administrator, the court must order a conveyance
to be made to such purchaser, or to his heirs, or to such other person holding under him,
as the case may be, by the executor or administrator, or such other person as the court may
appoint, conveying all the right, title and interest which the decedent had, at the time of
his death, in such lands; and such order shall operate to vest the right, title and interest
of the decedent in such purchaser, or his heirs, or such other person holding under him. (Code
1852, §1770; Code 1867, §2096; Code 1876, §2468; Code 1886, §2124; Code 1896, §179; Code
1907, §2644; Code 1923, §5874; Code 1940, T. 61, §268.)...
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35-10-8
Section 35-10-8 How notice of sale given. Notice of said sale shall be given in the manner
provided in such mortgage or deed of trust or in this Code in the county where the mortgagor
resides and the land, or a part thereof, is located; but, if said mortgagor does not reside
in the county where the land or any part thereof is located, then such notice must be published
in the county where said land, or any material part thereof, is located; provided, that notice
of all sales under powers of sale contained in mortgages and deeds of trust executed after
July 1, 1936, where the amount secured is $500.00 or more, shall be given by publication once
a week for three successive weeks in some newspaper published in the county in which such
land or any portion thereof is situated, and said notice of sale must give the time, place
and terms of said sale, together with a description of the property to be sold. (Acts 1923,
No. 494, p. 658; Code 1923, §9017; Acts 1936, Ex. Sess., No. 123, p. 82;...
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40-10-100
Section 40-10-100 Refund to purchaser when taxes not due at time of sale and land was sold
privately by state. When land which has been sold for taxes and purchased by the state has
been sold by the state at private sale, and the purchase money has been paid into the state
and county treasuries, and it shall be made to appear to the satisfaction of the Comptroller
that such sale was invalid by reason of the fact that the taxes for which the land was sold
were not due, the purchaser of said land from the state, his heirs, or assigns shall upon
the surrender of the deed from the state and the cancellation of the same be entitled to have
the purchase money paid for the said lands refunded, if application shall be made therefor,
as hereinafter provided, within two years from the date of the deed made by the state. (Acts
1935, No. 194, p. 256; Code 1940, T. 51, §297.)...
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40-10-101
Section 40-10-101 Refund to purchaser when taxes were not due at time of tax sale. When land
has been sold for taxes and purchased by anyone other than the state, and the purchase money
has been paid into the state and county treasuries, and it shall be made to appear to the
satisfaction of the Comptroller that such sale was invalid by reason of the fact that the
taxes for which the land was sold were not due, the purchaser of said land, his heirs or assigns,
upon the surrender of the certificate of purchase, shall be entitled to have the amount paid
for the purchase of said land refunded to him, if application shall be made therefor as hereinafter
provided, within two years from the date of sale and before the execution of a deed to such
purchaser. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §298.)...
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40-10-70
Section 40-10-70 Purchaser to receive assignment of liens. When the sale of any land sold for
the payment of taxes is, for any cause, ineffectual to pass the title to the purchaser, whether
individual or the state, except in the case in which such sales are in this article expressly
declared to be invalid, such sale shall operate as an assignment to the purchaser of the rights
and liens of the state and county in and to the lands sold, both as to the taxes paid at said
sale and as to the taxes subsequently paid by the purchaser, and such liens may be foreclosed
in the same manner as other liens as provided in this title. (Acts 1935, No. 194, p. 256;
Code 1940, T. 51, §283.)...
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43-2-452
Section 43-2-452 When depositions required. No order for the sale of land belonging to any
estate, whether for the payment of debts, or for division, must be made when there are minors
or persons of unsound mind or unknown parties interested in such estate, unless the probate
court has taken evidence by deposition, showing the necessity of such sale; and such evidence
must be taken, whether the allegations in the petition are denied or not by the guardian appointed
by the court to represent the minors or persons of unsound mind or unknown parties; and any
order of sale and sale, made without a compliance with the requisitions of this section, shall
be wholly void. (Code 1867, §2225; Code 1876, §2458; Code 1886, §2114; Code 1896, §167;
Code 1907, §2631; Code 1923, §5861; Code 1940, T. 61, §255.)...
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26-8-50
Section 26-8-50 Sale of property to effect removal thereof from state - Proceedings under application;
appointment, powers, etc., of commissioner for conduct of sale. The court, in the order of
sale, must appoint a suitable person commissioner to make the sale and, except as otherwise
provided in this article, the authority and duty of such commissioner is the same as that
of a conservator authorized to sell property of a minor or ward for reinvestment. If the commissioner
so appointed fails to act or to complete the sale, another may be appointed at any time by
an order of the court. (Code 1896, §2384; Code 1907, §4474; Code 1923, §8247; Code 1940,
T. 21, §119; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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11-48-52
Section 11-48-52 Proceedings for sale of land upon failure of owner to pay assessment, installment
or interest - Execution, etc., of deed to purchaser at sale; disposition of surplus from sale;
purchase of property by municipality. The officer making such sale shall execute a deed to
the purchaser, which shall convey all the right, title, and interest which the party against
whose property the assessment was made had or held in said property at the date of making
such assessment or on the date of making such sale. Any surplus arising from said sale shall
be paid to the city or town treasurer to be kept as a separate fund by the treasurer for the
owner upon the responsibility of his official bond. The council may, by its agents, purchase
real estate sold as provided under this article and, in the event of such purchase, the deed
for the same shall be made to the town or city. (Code 1907, §1405; Code 1923, §2220; Acts
1927, No. 639, p. 753; Code 1940, T. 37, §561.)...
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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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