26-2-48
Section 26-2-48 Appointment of guardian for nonresident incapacitated person having property
within state - Procedure. The application for the appointment of a conservator for such person
must be in writing, must be verified by affidavit and must state the name, sex, age, and residence
of such person, the court by which he or she was declared incapacitated and the property requiring
the care of a conservator. On the filing of such application, the court must appoint a day
for the hearing thereof, notice of which must be given for three successive weeks by publication
in some newspaper published in the county or, if there is no such paper published in the county,
by publication in a paper published in an adjoining county, and a copy of such paper must
be mailed by the probate judge to such person at the post office nearest his or her residence.
The court must appoint a guardian ad litem to represent and defend for such person and it
shall be the duty of such guardian ad litem to put in...
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40-10-133
Section 40-10-133 Notice to former owner of application to purchase land bid in by state. When
application is made to the Land Commissioner by any person to purchase lands in which such
person had no interest, the Land Commissioner shall mail a notice in writing to the owner,
or some person having an interest in such land, if his place of residence is known, or, if
not known, then to the judge of probate of the county in which such lands are situated, informing
him that such application has been made and fixing a reasonable time within which such owner
or such other person having an interest in the lands may redeem the same. The judge of probate
shall cause the notice to be posted at the courthouse, and he shall mail a copy of said notice
to the owner, if known to him; and if such lands are not redeemed within the time so fixed,
the same shall be sold to the applicant or any other person desiring to purchase the same
without other or further notice to such owner or persons having an...
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18-1A-275
Section 18-1A-275 Guardian ad litem for infants or incompetents. If the owner of the lands
or other party interested therein is an infant or is of unsound mind, the probate court, on
the day appointed for the hearing, must appoint a guardian ad litem to represent him, and
the guardian so appointed must file a written acceptance of the appointment, must appear and
protect the rights and interests of such infant or person of unsound mind, and, if he deems
it necessary, may employ counsel to assist him. The compensation of such guardian and of his
counsel must be ascertained by the probate court and taxed as costs of the proceedings. (Acts
1985, No. 85-548, p. 802, §1606.)...
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42-2-4
Section 42-2-4 Appointment of guardian ad litem and counsel for infants and persons of unsound
mind. If the owner of the lands is an infant or is of unsound mind, the court, on the day
appointed for the hearing, must appoint a guardian ad litem to represent him, and the guardian
so appointed must file a written acceptance of the appointment, must appear and protect the
rights and interests of such infant or person of unsound mind and, if he deems it necessary,
may employ counsel to assist him. The compensation of such guardian and of his counsel must
be ascertained by the court and taxed as costs of the proceedings. (Code 1907, §2417; Code
1923, §3151; Code 1940, T. 59, §7.)...
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43-2-413
Section 43-2-413 Notice of sale. When the application is granted for the sale of any personal
property, the executor or administrator must give notice of the day, place and terms of sale,
and a description of the property to be sold, by advertisement for three successive weeks
in some newspaper published in the county where the sale is to take place, or, by posting
notice at the courthouse door and at three other public places in the county. But when the
property is perishable, or the expense of keeping it is very great, the sale may be made after
five days' notice, which may be given by one insertion in a newspaper published in the county
where the sale is to take place, or, if there be no such paper, by posting at the courthouse
door, and at three other public places in the county. In addition to the notice prescribed
in this article, the court may direct the giving of notice by printed handbills, or posters,
to be distributed and posted in the manner best calculated to give extended...
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43-2-445
Section 43-2-445 Notice and hearing generally; time for hearing; appointment of guardian ad
litem. (a) The court must appoint a day, not less than 30 days from the time of making such
application, for the hearing thereof, and must appoint a proper person, not a petitioner or
of kin to a petitioner, as a guardian ad litem, to represent the minors or persons of unsound
mind, if any there be, and must issue a citation to the heirs or devisees of full age, and
residing in this state, notifying them of the application, and the day appointed for hearing
the same, which must be served on them 10 days before the day appointed for the hearing. (b)
If such application be for the sale of land for the payment of debts, notice must also be
given by publication, once a week for three successive weeks, in some newspaper published
in the county, or by posting up notice at the courthouse door and three other public places
in the county, at the discretion of the court. If no newspaper is published in...
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43-2-448
Section 43-2-448 Duties and compensation of guardian ad litem and special guardian. The person
appointed to represent minors, or persons of unsound mind, or unknown parties, must deny in
writing the allegations contained in the application, and, if necessary, must employ counsel
to defend the interests of those he represents. He is entitled to reasonable compensation,
to be fixed by the court, and taxed and collected as costs. (Code 1867, §2224; Code 1876,
§2454; Code 1886, §2110; Code 1896, §163; Code 1907, §2627; Code 1923, §5856; Code 1940,
T. 61, §251.)...
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35-6-58
Section 35-6-58 Sale instead of partition - Property subject to sale; by whom application made;
where sale held; record of decrees. Any property, real or personal, held by joint owners or
tenants in common, on the written application of any one or more of them, may be decreed to
be sold by the probate court of the county in which such property is situated, or, in case
of land lying in different counties, of either of such counties, whether such lands are adjacent
or contiguous, when the same cannot be equitably divided or partitioned among them, notwithstanding
they, or any of them, are infants or persons of unsound mind, and the application may be made
by the executor or administrator of a deceased person in interest, or by the guardian of a
minor or person of unsound mind. Such lands shall be sold in the county where the decree is
rendered, unless otherwise directed by order of the court, upon rendition of the final decree
ordering such sale. The decree of sale and the decree...
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40-10-125
Section 40-10-125 Redeeming lots and parcels without redeeming entire property - How redeemed.
A person desiring to redeem any separate lot or parcel of land as authorized by Section 40-10-124
must file with the judge of probate an application in writing, under oath, setting forth the
date of the decree, the name of the defaulting taxpayer against whom the same was rendered,
the description and character of each lot or parcel of land included in the decree and the
assessed value thereof, if separately valued in the assessment or, if not separately valued,
stating that fact and stating the assessed value of the whole of the lands, a description
of the lot or parcel which the applicant seeks to redeem and, if not separately valued in
the assessment, stating the value thereof at the time of the assessment and the nature of
his interest in such lot or parcel; and such applicant must deposit with the judge of probate
a sum of money which bears the same proportion to the amount of taxes,...
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40-10-80
Section 40-10-80 Judgment when party claiming adversely to tax title has made payment or tender.
If, in any action brought to recover the possession of lands sold for taxes by or against
the purchaser or other person claiming under him, it is shown that the party claiming adversely
to the tax title, being entitled to redeem, made within the time allowed for redemption the
payment required by law for the redemption of such lands, or made tender thereof, and the
amount of such tender has been paid into court for the opposite party, judgment must be rendered
in his favor for the costs accruing after such payment or tender, except as against the state.
(Acts 1935, No. 194, p. 256; Code 1940, T. 51, §293.)...
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