35-4-322
Section 35-4-322 Application to compel conveyance - Contents; notice generally; decree; appeals.
Such application must be by petition, setting out the contract or agreement, the lands to
be conveyed and stating the names of the heirs and personal representatives of the contracting
party, which of them are of full age and which are minors; and the judge of probate must give
notice of such petition by 20 days' written notice to the personal representative and resident
heirs of the contracting party, to be served by any sheriff and, if any one or more are nonresidents,
by publication in some newspaper published in his county and in the county in which the lands
lie; or, if none is published therein, the paper published in the place nearest to the county
site of such county, once a week for three successive weeks; and if, on the hearing of such
application, it appears that such agreement or contract was fairly made and the consideration
or conditions of the same paid or performed, such...
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43-2-583
Section 43-2-583 Conduct of hearing; when payment or delivery directed. On the day appointed
or on any other day to which the hearing of the application may be continued, the court must
hear the same; and, if it appears that the applicant is a legatee and that after the payment
of his legacy there will be a sufficiency of assets to pay all the debts which have been presented,
charges and other legacies which are entitled to priority, the court may direct the payment
or delivery of such legacy, or any part thereof, according to the proof of assets and of the
other legacies in the same degree with that of the applicant, on the legatee's executing a
refunding bond according to the provisions of section 43-2-584. (Code 1852, §1775; Code 1867,
§2101; Code 1876, §2478; Code 1886, §2195; Code 1896, §263; Code 1907, §2739; Code 1923,
§5978; Code 1940, T. 61, §338.)...
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6-6-164
Section 6-6-164 Claims based on mortgage or lien; ascertainment of amount; payment by plaintiff;
sale of property and application of proceeds. When the claim interposed is based on a mortgage
or lien, the claimant must state in his affidavit the nature of the right which he claims;
and, in case such claim is sustained on the trial, the amount of it, whether then due or not,
with interest to the date of the trial, must be ascertained by the jury or judge, as the case
may be. The plaintiff may, within 10 days from date of said ascertainment, pay to the mortgagee
or his assignee or to the lien holder the amount ascertained to be due; and in such case the
property shall be sold as well for the payment of the debt secured by the mortgage or the
lien, as ascertained, as for the satisfaction of the plaintiff's judgment, the proceeds of
the sale to be applied first, after payment of the costs, to reimburse the plaintiff the amount
so paid by him to such mortgagee or lien holder, and the claim...
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11-51-69
Section 11-51-69 Proceedings for sale of land for payment of taxes - Repayment of state when
sale of lands bid in by state invalid and purchase money refunded. When land which has been
bid in by the state at tax sales has been sold by the state and the state refunds the purchase
money on account of an invalid sale under and in accordance with the provisions of law in
regard to state and county taxes, the Department of Revenue must ascertain the amount of such
purchase money which has been paid to the municipality, if any, which amount it shall be the
duty of the Comptroller to certify to the mayor or other governing head of the said municipality,
and it shall be the duty of the mayor or other governing head of the municipality to present
such claim at the next succeeding meeting of the council, board of commissioners, or other
governing body of the said municipality and thereupon such council, board of commissioners,
or other governing body shall order a warrant in favor of the state...
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6-8-20
Section 6-8-20 Payment to consular officer of estate or land sale funds due nonrepresented
foreigners. Whenever upon the settlement of an estate or upon the sale of lands for division
in any court of this state it is shown that any of the heirs, distributees, or other persons
entitled to share in the funds derived therefrom, whether adults or minors, are residents
and subjects of a foreign country and are not represented by counsel of their own employment,
the personal representative, judge of probate, clerk, or register who may have the custody
of said funds shall pay over the shares of such persons to the duly accredited consular officer
of such country within whose jurisdiction the said court is situated and obtain from him full
acquittance therefor. (Acts 1911, No. 523, p. 572; Code 1923, §6657; Code 1940, T. 7, §347.)...

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6-9-93
Section 6-9-93 Sale of levied property - Payment to debtor. When, at an execution sale, the
amount of the sale exceeds the judgment, interest and costs, the excess must be paid to the
debtor or his legal representative. When money is paid or collected on an execution, the whole
or any part of which is enjoined, the same must, on demand, be refunded to the debtor or his
legal representative if it has been paid over to the plaintiff, his agent or attorney without
notice of the injunction. (Code 1852, §2452; Code 1867, §2866; Code 1876, §3204; Code 1886,
§2913; Code 1896, §1911; Code 1907, §4118; Code 1923, §7833; Code 1940, T. 7, §545.)...

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35-10-1
Section 35-10-1 Power of sale constitutes part of security; by whom executed; effect of conveyance;
index of foreclosure deeds. Where a power to sell lands is given to the grantee in any mortgage,
or other conveyance intended to secure the payment of money, the power is part of the security,
and may be executed by any person, or the personal representative of any person who, by assignment
or otherwise, becomes entitled to the money thus secured; and a conveyance of the lands sold
under such power of sale to the purchaser at the sale, executed by the mortgagee, any assignee
or other person entitled to the money thus secured, his agent or attorney, or the auctioneer
making the sale, vests the legal title thereto in such purchaser. Probate judges shall index
foreclosure deeds by the names of the original grantor and grantee in the mortgage, and also
by the names of the grantor and grantee in the foreclosure deeds. (Code 1852, §1319; Code
1967, §1589; Code 1876, §2198; Code 1886,...
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43-2-393
Section 43-2-393 When executor or administrator may give note, etc., to extend or settle debt.
Any executor or administrator, by authority of the probate court given on his written application,
may, in his representative capacity, give his note, bond or bill for the purpose of extending
or settling a debt of the decedent, or settling a debt contracted by such representative for
articles, or for work and labor for the estate; and for such note, bond or bill the estate
is liable, and the executor or administrator is not personally liable. But the heirs, devisees,
distributees or legatees must have 10 days' notice of such application. (Code 1867, §2066;
Code 1876, §2432; Code 1886, §2091; Code 1896, §141; Code 1907, §2605; Code 1923, §5830;
Code 1940, T. 61, §226.)...
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14-3-2
Section 14-3-2 State lands - Sale and purchase; appropriations for purchase. (a) The Board
of Corrections may sell any, or all, of the lands now used by the state in working convicts
for cash or on credit, as may seem best, and purchase lands superior in quality to be used
by the board in working convicts. (b) So much of the funds earned by the board as may be necessary
is appropriated and authorized to be paid for such lands as may be purchased under subsection
(a) of this section, and the Comptroller, upon the application of the board, shall draw his
warrant for such sum, or sums, as may be necessary for such purchase of such lands and the
payment thereof. (Code 1907, §§6481, 6482; Code 1923, §§3586, 3587; Code 1940, T. 45,
§§12, 13.)...
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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...
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