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3-1-22
Section 3-1-22 Sale, etc., of mare or jennet subject to lien for services of stallion or jack
prior to payment of price stipulated for such service. Any person who, with a knowledge of
the lien, sells or otherwise disposes of any mare or jennet before the stipulated price for
the service of any stallion or jack, for which a lien is given by law, is paid must, on conviction,
be fined not more than $100.00. (Code 1876, §4356; Code 1886, §3838; Code 1896, §4761;
Code 1907, §6240; Code 1923, §3231; Code 1940, T. 3, §19.)...
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35-10-27
Section 35-10-27 Entry of full payment or satisfaction in record - Generally. If a mortgage
or deed of trust which is of record has been fully paid or satisfied, the mortgagee or transferee
or assignee of the mortgage, or trustee or cestui que trust of the deed of trust, who has
received payment or satisfaction, must on request in writing of the mortgagor, or of a creditor
of the mortgagor having a lien or claim on the property mortgaged, or of a purchaser from
the mortgagor, or owner of the lands mortgaged, or a junior mortgagee, or of the debtor in
a deed of trust, enter the fact of payment or satisfaction on the margin of the record of
the mortgage or deed of trust. Such entry must be witnessed by the judge of probate, or his
clerk, who, in his official capacity, must attest said satisfaction, and for making such attestation
the judge of probate is entitled to a fee of $.25. Or satisfaction may be made by an attorney-in-fact
authorized by an instrument executed and acknowledged as...
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35-6-81
Section 35-6-81 Report of sale by guardian to court. Within three months after making any such
sale, such guardian shall report the same under oath to the court having jurisdiction of his
administration of the estate of such ward. If the whole of the share of such ward in the proceeds
of such sale shall have been paid when such report is made, such fact shall be stated therein,
and the guardian shall therein apply to the court for authority to make a conveyance of the
interest of said ward in the lands or realty so sold to the purchaser. Such report shall set
forth the name, residence, and age of such ward, and of the person in whose custody he is,
and the name and residence of the adult next of kin of said ward, resident in the state and
not interested in such sale; if there be more than one such next of kin of the same degree,
such report must set forth the names and residences of all of them resident in this state.
(Code 1907, §5254; Code 1923, §9358; Code 1940, T. 47, §220.)...
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37-2-30
Section 37-2-30 Sale of unclaimed freight - Insurance; application of proceeds; record; disposition
of surplus. (a) The transportation company may insure the freight, at the expense of the owner,
from the date of its arrival to the sale above authorized. (b) A record shall be kept of the
articles sold and of the price obtained therefor, transportation charges, cost of insurance
and all charges incident to storage, advertisement and sale. (c) The proceeds of any sale
made under Section 37-2-28 or Section 37-2-29 shall be applied to the payment of the charges
enumerated in subsection (b) of this section, and the residue, if any, shall be paid over
to the party entitled thereto, if known, at the time of such sale; otherwise, such surplus
shall be paid to the party entitled thereto, if demanded, at any time within two years from
the date of such sale. (Code 1867, §1886, Code 1876, §2142; Code 1886, §1183; Code 1896,
§4227; Code 1907, §6140; Acts 1911, No. 320, p. 387; Code 1923,...
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40-10-70
Section 40-10-70 Purchaser to receive assignment of liens. When the sale of any land sold for
the payment of taxes is, for any cause, ineffectual to pass the title to the purchaser, whether
individual or the state, except in the case in which such sales are in this article expressly
declared to be invalid, such sale shall operate as an assignment to the purchaser of the rights
and liens of the state and county in and to the lands sold, both as to the taxes paid at said
sale and as to the taxes subsequently paid by the purchaser, and such liens may be foreclosed
in the same manner as other liens as provided in this title. (Acts 1935, No. 194, p. 256;
Code 1940, T. 51, §283.)...
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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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40-22-2
Section 40-22-2 Mortgages, deeds of trust, etc., generally. No mortgage, deed of trust, contract
of conditional sale, or other instrument of like character which is given to secure the payment
of any debt which conveys any real or personal property situated within this state
or any interest therein or any security agreement or financing statement provided for by the
Uniform Commercial Code, except a security agreement or a financing statement relating solely
to security interests in accounts, contract rights, or general intangibles, as such terms
are defined in the Uniform Commercial Code, and except for the re-recordation of corrected
mortgages, deeds, or instruments executed for the purpose of perfecting the title to real
or personal property, specifically, but not limited to, corrections of maturity dates
thereof, shall be received for record or for filing in the office of any probate judge of
this state unless the following privilege or license taxes shall have been paid upon such...
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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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35-11-171
Section 35-11-171 Enforcement of lien. If such debt remains unpaid for three months or more,
the party rendering such service may sell such article at private or public sale and the proceeds,
after first paying the expenses of the sale shall be applied on the payment of the debt, the
balance, if any to be held for the debtor. If the debtor's residence is known, notice in writing
must be given the debtor of the amount due and the time and place of the sale before said
sale, said notice to be mailed to his street address. If debtor's address is unknown, notice
may be given by posting it in the county courthouse of the city or town where the service
is rendered or the courthouse nearest thereto, for two weeks before said sale, said notice
setting out the time and place said sale will be made and the article or articles to be sold
and the name of the debtor or debtors. Such notice may also be published in a newspaper published
in the county in which such sale is to be had and when so...
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35-6-63
Section 35-6-63 Sale instead of partition - Payment and distribution of purchase money. Such
commissioner may discharge himself from all liability for money received by him for the property
sold, by paying over the same to the judge of probate, after deducting therefrom the costs
and expenses attending the sale, including commissions to him at the same rate that executors
or administrators receive for collecting, but in no case more than $100.00; and such net proceeds
must be distributed by the judge of probate among the persons entitled thereto, according
to their respective interests. (Code 1867, §3125; Code 1876, §3519; Code 1886, §3258; Code
1896, §3183; Code 1907, §5227; Code 1923, §9327; Code 1940, T. 47, §215.)...
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