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42-2-1
Section 42-2-1 When authorized; jurisdiction of probate court. If the agent of the United States
and the owner of the lands or right-of-way to be condemned cannot agree as to the terms of
the sale and purchase thereof, the probate court of the county in which such lands or any
part thereof may lie may, on the application of the agent of the United States, proceed to
condemn such lands to such uses as may be provided for. (Code 1852, §22; Code 1867, §23;
Code 1876, §20; Code 1886, §20; Code 1896, §627; Code 1907, §2414; Code 1923, §3148;
Code 1940, T. 59, §4.)...
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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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43-6-2
Section 43-6-2 Notice by representative. The personal representative of any person leaving
property not devised or bequeathed, or where the devisees or legatees are incapable of taking
and such representative is unable to ascertain any lawful heirs or distributees or persons
capable of taking within six months after the grant of letters testamentary or of administration,
must give notice thereof in some newspaper published in the state once a week for three successive
weeks; but it shall not be necessary for any personal representative to institute escheat
proceedings under this chapter until the debts of the decedent have been paid. (Code 1852,
§2065; Code 1867, §2457; Code 1876, §2852; Code 1886, §1937; Code 1896, §1753; Code 1907,
§3919; Code 1923, §7615; Code 1940, T. 16, §26.)...
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12-21-97
Section 12-21-97 Pre-1879 documents or certified copies executed by Governor as evidence of
sale or transfer of state lands. (a) All documents executed prior to February 12, 1879, by
the Governor, in person or in his name by his secretary, purporting to convey any of the state's
lands which are ineffective as patents or conveyances because of not being executed as provided
by law or for any other reason and which recite either the payment of the purchase money for
the lands attempted to be conveyed thereby or the deposit of a receipt or certificate of the
officer authorized to receive the money acknowledging that such payment has been made shall
be admissible in evidence in any case affecting the title to such lands and shall be prima
facie evidence of any sale or transfer of said lands there recited and of the payment of the
purchase money thereof. (b) A duly certified copy of the record of any such document which
has been recorded for as much as 10 years in the office of the probate...
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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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40-10-77
Section 40-10-77 Defense of action fails on grounds other than that taxes were not due. THIS
SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020.
TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. If, in an action brought against
such purchaser or other person claiming under the purchaser to recover possession of lands
sold for taxes, the defendant claims and defends under the tax title and the defense fails
on the ground that such sale was invalid for any reason other than that the taxes were not
due, and the plaintiff recovers, the court shall forthwith, on the motion of the defendant,
ascertain the amount of taxes for which the lands were liable at the time of the sale and
for the payment of which they were sold, with interest thereon from the day of sale, and the
amount of such taxes on the lands, if any, as the defendant or the person under whom he or
she claims has, since such sale, lawfully paid or assumed, in case of the state,...
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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...
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43-2-465
Section 43-2-465 Right of purchaser to cite executor or administrator to report sale. (a) If
the executor or administrator fails, within the time required by law, to report any sale of
lands made by him under the provisions of this article, the purchaser, or his heirs, or any
other person claiming under him directly or derivatively, may, on motion in the probate court,
have citation to issue to such executor or administrator, citing him to appear within 20 days
from the date of the service of the citation, and report the sale; and if such executor or
administrator is then a nonresident of the state, or his place of residence is unknown to
the party asking for the citation, the court, on affidavit being made of either of these facts,
must cause service of such citation to be made by publication, once a week for three successive
weeks, in some newspaper published in the county, or if none is published therein, in the
newspaper published nearest to the courthouse of such county. (b) If...
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6-5-248
Section 6-5-248 Who may redeem; priorities. (a) Where real estate, or any interest therein,
is sold, it may be redeemed by: (1) Any debtor, including any surety or guarantor. (2) Any
mortgagor, even if the mortgagor is not personally liable for payment of a debt. (3) Any junior
mortgagee, or its transferee. (4) Judgment creditor, or its transferee. (5) Any transferee
of the interests of the debtor or mortgagor, either before or after the sale. A transfer of
any kind made by the debtor or mortgagor will accomplish a transfer of the interests of that
party. (6) The respective spouses of all debtors, mortgagors, or transferees of any interest
of the debtor or mortgagor, who are spouses on the day of the execution, judgment, or foreclosure
sale. (7) Children, heirs, or devisees of any debtor or mortgagor. (b) All persons named or
enumerated in subdivisions (a)(1) through (a)(7) may exercise the right of redemption granted
by this article within 180 days from the date of the sale for...
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28-3-54
Section 28-3-54 Refund on overpayment or erroneous payment of taxes or licenses and of prepaid
taxes where loss sustained prior to sale at retail; petition. Where any licensee of the Alcoholic
Beverage Control Board in the payment of taxes or licenses which are paid directly to the
board, and where, by a mistake of fact or law, has paid an amount in excess of the amount
due or has made an erroneous payment, or where taxes have been prepaid to the board and the
alcoholic beverages upon which the tax has been prepaid is, prior to the sale of the same
at retail, lost or destroyed by fire, theft or casualty or is damaged by fire or other casualty
resulting in destruction of or damage to the beverages or beverage containers, the Comptroller
is authorized to draw his warrant on the Treasurer in favor of such licensee, and the Treasurer
is authorized to pay such warrant for the amount of such overpayment or erroneous payment
or prepayment of taxes or licenses. Provided, however, claims for...
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