35-6-42
Section 35-6-42 Contents of application. The application for division or partition must set
forth the names of all the persons interested in the property, their residence, if known,
whether they are over or under 19 years of age, a full and accurate description of the property
sought to be divided or partitioned, the interest of each person in the same, and the number
of shares into which it is to be divided. (Code 1852, §2678; Code 1867, §3106; Code 1876,
§3498; Code 1886, §3239; Code 1896, §3163; Code 1907, §5205; Code 1923, §9305; Code 1940,
T. 47, §194.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-42.htm - 906 bytes - Match Info - Similar pages

35-6-82
Section 35-6-82 Time and notice of hearing. Upon the filing of such report the court must appoint
a day for the hearing of the same, not less than 20 days from the filing thereof, and must
give notice thereof to any minor whose interest has been so sold who is over 14 years of age
and resident in this state, and also to the person in whose custody such ward is, if deemed
by the court in the interest of such ward, and also to the adult next of kin of such ward
resident in this state, not interested in such sale, or where there is more than one such
next of kin of equal degree, then to such one of them as may be selected by the court. Such
notice shall be given by personal citation to be served not less than 10 days before the day
appointed for such hearing. (Code 1907, §5255; Code 1923, §9359; Code 1940, T. 47, §221.)...

alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-82.htm - 1K - Match Info - Similar pages

35-6-87
Section 35-6-87 Report of payment; order for conveyance. Within 30 days after receiving full
payment for the interest of his ward in any land or realty so sold, such sale having been
confirmed under the provisions of this article, the guardian of such ward must report such
payment under oath to the court and apply for an order to make a proper conveyance of such
interest to the purchaser. The court must examine such report and may also examine witnesses
in relation thereto; if, upon such examination, it is satisfied that such payment has been
made, it must make an order for such conveyance to be made by said guardian or by some other
person, appointed by the court conveying all right, title, and interest of such ward in such
land or realty at the time of such sale thereof. (Code 1907, §5260; Code 1923, §9364; Code
1940, T. 47, §226.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-87.htm - 1K - Match Info - Similar pages

35-6-89
Section 35-6-89 Sale void unless to advantage of ward and confirmed by court. (a) If, on the
hearing of the report of sale by the guardian, it shall appear to the court that the sale
of any parcel of land or realty therein set forth is not to the advantage of the ward whose
interest is so sold, the court shall order such sale set aside, whereupon the same shall become
wholly void. (b) No sale or conveyance of lands under this article shall be valid to divest
the title of the minor or person of unsound mind on whose behalf it is made, unless such sale
or conveyance shall be confirmed as provided in this article. (Code 1907, §5262; Code 1923,
§9366; Code 1940, T. 47, §228.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-89.htm - 1007 bytes - Match Info - Similar pages

38-9-6
Section 38-9-6 Protective placement or other protective services. (a) An interested person
may petition the court to order protective placement or other protective services for an adult
in need of protective services. No protective placement or other protective services may be
ordered unless there is a determination by the court that the person is unable to provide
for his or her own protection from abuse, neglect, exploitation, sexual abuse, or emotional
abuse. Upon a petition, setting forth the facts and name, age, sex, and residence of the person,
the court of the circuit in which the person resides shall appoint a day, not more than 30
days from the filing of the petition, for the hearing on the petition. If, on the hearing
of a petition, the person is not represented by counsel, the court shall appoint a guardian
ad litem to represent him or her. A jury of six persons shall be impanelled for the hearing
to serve as the trier of facts. (b) Costs of court proceedings under this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-9-6.htm - 7K - Match Info - Similar pages

43-2-230
Section 43-2-230 Applications for letters of administration. Whenever letters of administration
on the estate of any person presumed to be dead on account of absence for five or more years
from the place of his last domicile within this state shall be applied for, it shall be the
duty of the judge of probate to whom the application shall be made to accept and file the
same and to thereupon take the testimony with respect to whether the petitioner is entitled
to such letters; and, if the court is satisfied by the testimony that the applicant would
be entitled thereto were the supposed decedent in fact dead, the court shall cause to be advertised
in a newspaper published in the county, once a week for four consecutive weeks, the fact of
said application, together with notice that on a day certain which shall be at least two weeks
after the last of said advertisements, the court will hear evidence concerning the alleged
absence of the supposed decedent, and the circumstances and duration...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-230.htm - 1K - Match Info - Similar pages

43-2-332
Section 43-2-332 When distributed share kept and worked with undivided portion of estate. When
a share or shares of real or personal property of any decedent is or are set apart or distributed
to any widow, heir at law or distributee of such decedent, and it appears to the satisfaction
of the court that it is to the interest of the parties interested in the estate that such
share or shares should be kept and worked together with such estate remaining undivided, the
probate court, upon the application of the executor or administrator, and of the owner or
owners of such share or shares, may order the executor or administrator to keep such share
or shares, and work the same, together with the estate remaining undivided, for a term not
exceeding 10 years; but such order must not be granted, if in conflict with the will of the
testator. (Code 1867, §2264; Code 1876, §2604; Code 1886, §2212; Code 1896, §280; Code
1907, §2745; Code 1923, §5984; Code 1940, T. 61, §200.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-332.htm - 1K - Match Info - Similar pages

43-2-421
Section 43-2-421 Stock in trade. (a) When any person engaged in mercantile business dies, leaving
a stock of goods, wares and merchandise, and leaving no surviving partner in such business,
the executor or administrator of his estate may sell such stock or goods, wares or merchandise,
either at public or private sale, by wholesale or retail, upon first obtaining an order for
such sale, as provided in subsection (b) of this section, from the probate court having jurisdiction
of the estate. (b) To obtain such order, the executor or administrator must file in such court
an application in writing, verified by his oath, setting forth with reasonable certainty the
kind, quantity and estimated value of such goods, wares or merchandise, and any facts or circumstances
that may render it necessary or expedient to sell the same; and if it should appear to the
court that it would benefit those interested in the estate that such order should be made,
the court must make the same, and may, in its...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-421.htm - 1K - Match Info - Similar pages

6-5-253
Section 6-5-253 Payment or tender of purchase money and other lawful charges, with interest.
(a) Anyone entitled and desiring to redeem real estate under the provisions of this article
must also pay or tender to the purchaser or his or her transferee the purchase price paid
at the sale, with interest at the rate allowed to be charged on money judgments as set forth
in Section 8-8-10 (as it is now or hereinafter may be amended), and all other lawful charges,
also with interest as aforesaid; lawful charges are the following: (1) Permanent improvements
as prescribed herein. (2) Taxes paid or assessed. (3) All insurance premiums paid or owed
by the purchaser. (4) Any other valid lien or encumbrance paid or owned by such purchaser
or his or her transferee or if the redeeming party is a judgment creditor or junior mortgagee
or any transferee thereof, then all recorded judgments, recorded mortgages, and recorded liens
having a higher priority in existence at the time of sale which are revived...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-253.htm - 3K - Match Info - Similar pages

6-6-78
Section 6-6-78 Order for receipt of sale proceeds by plaintiff pending action upon executing
refunding bond; notice of and hearing on motion therefor; forfeiture of bond; payment to defendant.
(a) When property levied on under an attachment has been sold pending the action, on motion
of the plaintiff, the judge of the court to which the attachment is returnable must, at any
time after 30 days from the levy, make and cause to be entered upon the minutes of the court
an order directing the officer having in his hands the proceeds of sale, after reserving an
amount to be fixed in the order to cover the probable costs and charges in the case, to pay
over to the plaintiff, or his attorney, the balance of such proceeds not exceeding the amount
of the plaintiff's demand, to be stated in the order, upon his giving bond in double the amount
of the money to be paid over, payable to the defendant with sufficient surety to be approved
by such officer and with condition that if he is cast in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-78.htm - 3K - Match Info - Similar pages