16-20-3
Section 16-20-3 When Secretary of State issues patent. The Secretary of State must issue patents,
upon satisfactory evidence furnished him of full payment of purchase money to any person,
agent or other officer legally authorized to receive such payment; and, upon proof of a mistake
in the issue of any patent, he must correct the same or issue a new patent on the return of
the original to his office. (School Code 1927, §645; Code 1940, T. 52, §564.)...
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26-8-47
Section 26-8-47 Removal of property or money when minor or ward and conservator nonresidents
- Discharge of resident administrator, etc. Such order is a discharge of the executor, administrator,
or other person in whose possession such property may be at the time of the order made. (Code
1852, §2034; Code 1867, §2444; Code 1876, §2799; Code 1886, §2496; Code 1896, §2381;
Code 1907, §4471; Code 1923, §8244; Code 1940, T. 21, §116.)...
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43-2-151
Section 43-2-151 Enforcement of judgments, etc., of probate court against representatives -
Liability of sureties. When an execution against an executor or administrator, issued from
the probate court on any judgment, order or decree for money is returned to any regular term
of such court "no property" by the sheriff of the county, such judgment, order or
decree may be enforced against the executor or administrator and his sureties, by execution
or by process of garnishment, which may issue in like cases and manner as it may issue on
judgment in circuit courts and may, in like manner, be prosecuted to judgment against the
garnishee. (Code 1852, §1922; Code 1867, §2281; Code 1876, §2619; Code 1886, §2277; Code
1896, §346; Code 1907, §2813; Code 1923, §6052; Code 1940, T. 61, §129.)...
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43-2-254
Section 43-2-254 Enforcement of decree or judgment when administrator adversely interested.
When such administrator ad litem is appointed on account of the adverse interest of the executor
or administrator, and the decree or judgment is rendered against such executor or administrator,
no execution, writ of possession or other writ for the enforcement of the decree or judgment
shall issue thereon, but in such decree or judgment the court shall require the executor or
administrator to charge himself, as executor or administrator of the estate represented by
the administrator ad litem, with the money or property recovered of him by the administrator
ad litem; but when the decree or judgment is not against the executor or administrator, execution,
writ of possession, or other writ for the enforcement of the judgment or decree, shall issue
thereon in favor of such executor or administrator. (Code 1876, §2628; Code 1886, §2287;
Code 1896, §356; Code 1907, §2822; Code 1923, §6061; Code...
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43-2-375
Section 43-2-375 Payment of debts not due. Any debt not due, which has been presented, may
be paid by an executor or administrator after six months from the grant of letters, and the
provisions of section 43-2-374 include such debts; but such payment must not be made unless
the creditor accepts, in discharge of such debt, such an amount as, with interest from the
day of payment to the day when such debt is due, would make the amount thereof. (Code 1852,
§1791; Code 1867, §2118; Code 1876, §2495; Code 1886, §2087; Code 1896, §137; Code 1907,
§2601; Code 1923, §5826; Acts 1931, No. 717, p. 837; Code 1940, T. 61, §222.)...
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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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43-2-139
Section 43-2-139 Inventory as evidence. In an action against an executor or administrator,
in which the fact of his having administered the estate of his testator or intestate, or any
part thereof, comes in issue, and the inventory of the property of the deceased, filed by
him, is given in evidence, the effect of the same may be repelled by evidence: (1) That any
property has been omitted in such inventory, or was not returned therein at its full value,
or since the filing thereof has increased in value; or (2) That such property has perished,
or been lost without the fault of such executor or administrator, or that it has been fairly
sold, according to law, at a less price than the value so returned, or that, since the return
of the inventory, such property has deteriorated or decreased in value; and in such action
the defendant cannot be charged for anything in action specified in the inventory, unless
it appears that it was, or might have been, collected by the exercise of due...
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43-2-441
Section 43-2-441 Authorization to sell - Where will exists. Lands may be sold by the executor
or by the administrator with the will annexed, for the payment of debts, when the will gives
no power to sell the same for that purpose. (Code 1852, §1754; Code 1867, §2079; Code 1876,
§2447; Code 1886, §2103; Code 1896, §155; Code 1907, §2619; Code 1923, §5847; Code 1940,
T. 61, §243; Acts 1984, No. 84-258, p. 426, §1.)...
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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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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.)...
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