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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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43-2-447
Section 43-2-447 Notice to unknown parties; appointment of special guardian; disposition of
shares. If it shall be averred in an application for the sale of lands for the payment of
debts or for division, that the names of any of the heirs or devisees are unknown, that the
petitioner has made diligent inquiry and cannot ascertain the same, the cause may proceed
against them without naming them; but the court must make publication as in case of nonresidents,
describing such unknown parties as near as may be by the character in which they are made
parties and with reference to their interest in the lands sought to be sold, and must appoint
a suitable and competent person not of kin or counsel to the petitioner, as special guardian
to represent such unknown parties. The shares or interests of such unknown parties, in the
proceeds of lands sold for division, shall be paid into court and there retained and paid
out to the proper parties when ascertained. (Code 1896, §162; Code 1907,...
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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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35-4-190
Section 35-4-190 Duty of court to ascertain present value and make payment. Excepting in cases
where the dower interest of the widow of a decedent is sold during process of administration
of such decedent's estate, in all cases where lands are sold for division among joint owners
or tenants in common and where lands are taken under the power of eminent domain, and one
or more persons own a dower or life interest in the whole or in an undivided interest in such
lands, the court having jurisdiction of the action in which such lands are sold or taken,
as aforesaid, after the proceeds are paid into court, shall, upon the sworn application of
any person owning such dower interest or life interest, or any remainder or reversionary interest
therein, ascertain the present value of such dower or life estate and pay to the owner of
such dower or life interest in cash the value of such interest, the remainder to be paid to
the reversioners or remaindermen. (Acts 1945, No. 446, p. 684, §1.)...
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43-2-455
Section 43-2-455 Advertisement of sale. When the application for the sale of land for the payment
of debts or division is granted and the land directed to be sold, 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; and in case of a sale of lands lying in one body, but in
more than one county, such notice must be given in each of the counties. If there is no such
paper published in the county or in any county in which notice is required to be given, then,
as to the county having no such paper, the notice must be given by posting at the courthouse
door, and at three other public places in the county. In addition to the notice prescribed
in this section, 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...
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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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12-13-40
Section 12-13-40 Powers of probate judges generally. The probate judge shall have authority:
(1) To administer oaths and take and certify the same in all cases in which administering
such oath and taking such affidavit is not confined expressly to some other officer; (2) To
cause jurors to be impaneled and sworn in any matter of fact pending before him in which the
right to a jury trial is given by law; (3) To appoint guardians ad litem for minors and persons
of unsound mind, when necessary, but he must not appoint as such guardian any clerk, employee
or other person connected with his office or related to him by consanguinity or affinity;
(4) To employ, at his own expense a chief clerk and such other clerks as he deems necessary,
for whose official acts he shall be responsible; (5) To complete the minute entries and decrees
of the court when the same are incomplete on account of the failure to make necessary entries
at the time when they should have been made, but the necessary...
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42-2-3
Section 42-2-3 Order appointing day of hearing; publication and service of notice of hearing.
On the filing of the application, the court must make and enter an order appointing the day
for the hearing thereof. If the owner of the land resides within the state, the court must
issue notice to him of the application and of the day of the hearing thereof, which must be
served by the sheriff or other legal officer at least 10 days before the day appointed for
the hearing. If the owner is unknown or if he resides without the state or has been absent
from the state or beyond the jurisdiction of the court in which the application is made for
six months next before the time of the filing of the application in said court, notice may
be given by advertisement in any newspaper published in the county or, if there be no newspaper
published in the county, by posting notice at the courthouse and three other public places
for at least three weeks before the day appointed for the hearing. If the owner...
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11-51-186
Section 11-51-186 Taxpayer rights; responsibilities of municipality; abatement of penalty.
(a) Rights of the taxpayer. (1) At or before the commencement of an examination of the books
and records of a taxpayer, the taxing jurisdiction shall provide to the taxpayer a written
description, in simple and non-technical terms, of the role of the taxing jurisdiction and
the taxpayer during the examination and a statement of the taxpayer's rights. (2) At or before
the issuance of a preliminary assessment, the taxing jurisdiction shall provide to the taxpayer
in simple and non-technical terms: a. A written description of the basis for the assessment
and any penalty asserted with respect to the assessment. b. A written description of the method
by which the taxpayer may request an administrative review of the preliminary assessment.
(3) At or before the issuance of a final assessment, the taxing jurisdiction shall inform
the taxpayer by a written statement of his or her right to appeal to the...
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9-9-32
Section 9-9-32 Levy of annual installment of tax; form of certificate and order directing collection
of tax; preparation of tax record; proceedings as to delinquencies. (a) The said board of
water management commissioners shall each year thereafter determine, order and levy the amount
of the annual installment of the total taxes under Section 9-9-31, which shall become due
and be collected during said year at the same time that state and county taxes are due and
collected and which shall be evidenced and certified by the said board as provided in this
section. Prior to the first Monday in October of each year, one copy of the water management
tax book shall be delivered to the tax collector of each county in which benefited lands and
other benefited property of said district are situated after the judge of the court of probate
of the county in which the district was organized has affixed his signature to the certificate
and order directing the collection of said tax, and said tax shall...
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