12-22-20
Section 12-22-20 Final judgments, orders, or decrees generally. An appeal lies to the circuit
court or Supreme Court from any final decree of the probate court, or from any final judgment,
order or decree of the probate judge; and, in all cases where it may of right be done, the
appellate court shall render such decree, order or judgment as the probate court ought to
have rendered. (Code 1867, §2247; Code 1876, §3957; Code 1886, §3640; Code 1896, §457;
Code 1907, §2855; Code 1923, §6114; Code 1940, T. 7, §775.)...
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12-22-72
Section 12-22-72 Affirmation of stayed judgment - Generally. When a judgment or decree is entered
or rendered for money, whether debt or damages, and the same has been stayed on appeal by
the execution of bond, with surety, if the appellate court affirms the judgment of the court
below, it must also enter judgment against all or any of the obligors on the bond for the
amount of the affirmed judgment, and the costs of the appellate court; and, upon the appeal
of any judgment or decree entered or rendered for any amount of commissions, fees or compensation
fixed or determined by the trial court and taxed or allowed as costs, if the appellate court
affirms the judgment or decree of the court below and the payment thereof has been stayed
on such appeal, judgment shall be entered by the appellate court against all or any of the
obligors on the bond for the amount affirmed, and the costs of the appellate court; provided,
however, that if no supersedeas bond has been executed on such appeal,...
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43-2-151
Section 43-2-151 Enforcement of judgments, etc., of probate court against representatives -
Liability of sureties. When an execution against an executor or administrator, issued from
the probate court on any judgment, order or decree for money is returned to any regular term
of such court "no property" by the sheriff of the county, such judgment, order or
decree may be enforced against the executor or administrator and his sureties, by execution
or by process of garnishment, which may issue in like cases and manner as it may issue on
judgment in circuit courts and may, in like manner, be prosecuted to judgment against the
garnishee. (Code 1852, §1922; Code 1867, §2281; Code 1876, §2619; Code 1886, §2277; Code
1896, §346; Code 1907, §2813; Code 1923, §6052; Code 1940, T. 61, §129.)...
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43-2-709
Section 43-2-709 Appeals. (a) Any party to the proceedings to declare an estate insolvent may
appeal to the supreme court or court of civil appeals from the decree or order declaring the
estate insolvent or dismissing the report within 42 days from the rendition of such order
or decree in the manner provided by law for appeals from the probate court in other similar
or like proceedings. (b) If an appeal has been taken on a contest as to the report of insolvency,
the case must, on motion, be continued during the pendency of such appeal. (Code 1852, §1861;
Code 1867, §2210; Code 1876, §2582; Code 1886, §2252; Code 1896, §320; Code 1907, §§2764,
2765; Code 1923, §§6003, 6004; Code 1940, T. 61, §§390, 391.)...
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12-11-61
Section 12-11-61 Irregular sales of lands under decrees of probate court may be confirmed.
Sales of lands made under a decree of the probate court, the parties in interest having had
legal notice of the proceedings in which the decree was rendered, which are invalid because
of errors, omissions or irregularities in the proceedings in the probate court, may be confirmed
by a judgment of the circuit court if it is shown that the lands were sold for their full
value, which has been fully paid to the party entitled to receive it. (Code 1876, §§3840,
3841; Code 1886, §3539; Code 1896, §808; Code 1907, §3917; Code 1923, §6485; Code 1940,
T. 13, §148.)...
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40-10-12
Section 40-10-12 Notice of sale. Immediately at the end of any term of court at which any decree
for sales of real estate for the payment of taxes is rendered, or as soon thereafter as practicable,
the tax collector shall proceed to enforce such decree by sales of real estate ordered to
be sold, and to this end shall give notice for 30 days before the day of sale, by publication
for three successive weeks in some newspaper published in the county, or at least three weeks
before the day of sale shall post a notice at the courthouse of his county and at some public
place in the precinct in which the real estate is situated that at the time specified therein
he will proceed to sell such real estate separately, describing such portions as are embraced
in each decree and stating the amount for which each decree was rendered (without stating
the items of which said decree is composed) and the person against whom the taxes embraced
in such decree were assessed or, if assessed to "owner...
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43-2-707
Section 43-2-707 Declaration of insolvency. If no person contests the correctness of the report
or if the issue is decided against contestant, the court must declare the estate insolvent
and must make an order for the executor or administrator on a day therein named, not less
than 30 nor more than 60 days therefrom, to appear and make a settlement of his administration;
and of such order, and of the day appointed for such settlement, notice must be given by the
judge of probate as is required by section 43-2-704. (Code 1852, §§1838, 1839; Code 1867,
§§2187, 2188; Code 1876, §§2559, 2560; Code 1886, §2230; Code 1896, §298; Code 1907,
§2763; Code 1923, §6002; Code 1940, T. 61, §389.)...
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30-4-35
Section 30-4-35 Disposal of interest in real estate by spouse of insane person - Judgment to
be filed in probate office of county where real estate situated; filing cost. If the court
enters the judgment granting the relief sought, the register or clerk shall file a certified
copy of such judgment in the probate office of the county in which is situated the real estate
he desires to sell, convey, mortgage or otherwise dispose of. The cost of filing said judgment
shall be taxed as part of the costs in the case. (Acts 1933, Ex. Sess., No. 151, p. 141; Acts
1935, No. 394, p. 865; Code 1940, T. 34, §86.)...
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43-2-333
Section 43-2-333 Payment of profits to share owners. The executor or administrator must pay,
at the end of each year, to the owner or owners of such share or shares a proportionate share
of the profits arising from such estate, and is entitled to a credit for same; but if it shall
appear, on a settlement of his accounts, that he has not paid the same, a decree therefor
in favor of the owner or owners must be rendered by the probate court. (Code 1867, §2265;
Code 1876, §2605; Code 1886, §2213; Code 1896, §281; Code 1907, §2746; Code 1923, §5985;
Code 1940, T. 61, §201.)...
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26-5-18
Section 26-5-18 Enforcement of orders or decrees of probate court against conservator, etc.
The court of probate may, by attachment, compel a conservator to obey its orders or decrees,
and all final decrees rendered against a conservator or against the personal representative
of the conservator on a final settlement have the force and effect of a judgement at law,
on which execution may issue against the conservator or his or her personal representative
and against the sureties of the conservator, whether the principal has signed the bond or
not, whether such settlement is voluntary or involuntary and whether such settlement is made
by the conservator while living or by his or her personal representative after his or her
death. Process of garnishment may issue from the court of probate upon such decrees in like
cases and manner as it may issue on judgments in courts of record and may, in like manner,
be prosecuted to judgment against the garnishee. (Code 1886, §2464; Code 1896,...
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