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12-19-113
Section 12-19-113 Probate court - Proceedings to pass upon soundness of mind of person. Jurors
summoned under the provisions of this code to pass upon the soundness of mind of a person,
with a view to the appointment of a guardian, are each entitled to receive $5.00 per day of
attendance, to be paid on the certificate of the probate judge in the same manner as regular
jurors are paid. (Code 1852, §2763; Code 1867, §3202; Code 1876, §5054; Code 1886, §3695;
Code 1896, §1385; Code 1907, §3728; Code 1923, §7293; Code 1940, T. 11, §16; Acts 1951,
No. 625, p. 1079, §2; Acts 1975, No. 1205, p. 2384, §16-141.)...
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26-2-48
Section 26-2-48 Appointment of guardian for nonresident incapacitated person having property
within state - Procedure. The application for the appointment of a conservator for such person
must be in writing, must be verified by affidavit and must state the name, sex, age, and residence
of such person, the court by which he or she was declared incapacitated and the property requiring
the care of a conservator. On the filing of such application, the court must appoint a day
for the hearing thereof, notice of which must be given for three successive weeks by publication
in some newspaper published in the county or, if there is no such paper published in the county,
by publication in a paper published in an adjoining county, and a copy of such paper must
be mailed by the probate judge to such person at the post office nearest his or her residence.
The court must appoint a guardian ad litem to represent and defend for such person and it
shall be the duty of such guardian ad litem to put in...
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43-2-351
Section 43-2-351 Time and manner of filing claims - Exception as to minors or persons of unsound
mind. The provisions of subsection (b) of section 43-2-350 do not apply to minors or persons
of unsound mind who have no legal guardian at the time of the grant of letters testamentary
or of administration; but such minors and persons of unsound mind are allowed six months after
the appointment of a guardian, or, if none be appointed, six months after the removal of their
respective disabilities, in which to present their claims. (Code 1852, §1884; Code 1867,
§2240; Code 1876, §2598; Code 1886, §2082; Code 1896, §131; Code 1907, §2591; Code 1923,
§5816; Code 1940, T. 61, §212.)...
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43-2-741
Section 43-2-741 Time and manner of filing claims - Time allowed certain minors and persons
of unsound mind. The provisions of section 43-2-740, as to the time within which claims are
to be filed, do not apply to infants and persons of unsound mind who have no legal guardian
at the time of the declaration of insolvency; but such minors and persons of unsound mind
are allowed six months after the appointment of a guardian or, if none be appointed, six months
after the removal of their respective disabilities in which to file their claims. (Code 1852,
§1848; Code 1867, §2197; Code 1876, §2569; Code 1886, §2239; Code 1896, §307; Code 1907,
§2775; Code 1923, §6014; Code 1940, T. 61, §401.)...
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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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40-10-131
Section 40-10-131 Rents, issues, and profits of redeemed land. Neither the purchaser, nor anyone
claiming under him, who may have lawfully obtained possession of any real estate purchased
at tax sales shall be liable upon the redemption of such real estate to account to the owner
for any rents, issues, or profits during such possession, but as to such rents, issues, and
profits he shall be held and considered the rightful owner of such real estate unless such
owner at the time of the sale was a minor or a person of unsound mind and had no guardian,
or his guardian was not lawfully served with notice of the proceedings had in the court of
probate for the sale of such real estate, in which event such purchaser or other person in
possession shall be liable for rents, issues, and profits, as in other cases; but neither
such purchaser nor anyone claiming under him shall have the right to cut standing timber from
land so purchased at tax sales, nor shall have the right to remove or destroy...
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43-2-506
Section 43-2-506 Settlement by consent without notice. In any case in which an administration
is conducted pursuant to letters testamentary or letters of administration with the will annexed
granted in this state and all legatees and distributees named in the will are of age and proof
is made that all legal charges against the estate have been paid in full, the probate court,
upon verified petition of the personal representative consented to by written instrument
properly executed and acknowledged by all legatees and distributees, may approve a consent
settlement without notice or publication or posting. In any case in which an administration
is conducted pursuant to letters testamentary or letters of administration granted in this
state and such administration in this state is ancillary to a primary administration in another
state, and proof is made that all legal charges against the estate in this state have been
paid in full and the balance of the assets of the estate in this state...
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6-2-10
Section 6-2-10 Computation of time - Absence of person from state. When any person is absent
from the state during the period within which an action might have been commenced against
him, the time of such absence must not be computed as a portion of the time necessary to create
a bar under this chapter. (Code 1852, §2484; Code 1867, §2908; Code 1876, §3234; Code 1886,
§2622; Code 1896, §2805; Code 1907, §4844; Code 1923, §8958; Code 1940, T. 7, §34.)...
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6-6-590
Section 6-6-590 Right of action and venue - Vacating charter or annulling existence of corporation.
(a) An action may be commenced under this article, in the name of the state, against the offending
corporation, on the information of any person for the purpose of vacating the charter or annulling
the existence of any corporation, other than municipal, whenever such corporation: (1) Offends
against any of the acts creating, altering, or renewing such corporation; (2) Violates the
provisions of any law, by which such corporation forfeits its charter, by abuse of its powers;
(3) Has forfeited its privileges or franchises by failure to exercise its powers; (4) Has
done or omitted any act which amounts to a surrender of its corporate rights, privileges,
and franchises; or (5) Exercises a franchise or privilege not conferred on it by law. (b)
The judge of the circuit court, whenever he believes that any of the acts or omissions specified
in subsection (a) of this section can be proved and it...
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6-6-591
Section 6-6-591 Right of action and venue - Usurpation, etc., of office or franchise, etc.
(a) An action may be commenced in the name of the state against the party offending in the
following cases: (1) When any person usurps, intrudes into or unlawfully holds or exercises
any public office, civil or military, any franchise, any profession requiring a license, certificate,
or other legal authorization within this state or any office in a corporation created by the
authority of this state; (2) When any public officer, civil or military, has done or suffered
any act by which, under the law, he forfeits his office; or (3) When any association, or number
of persons, acts within this state as a corporation without being duly incorporated. (b) The
judge of the circuit court may direct the action to be commenced when he believes that any
of the acts specified in subsection (a) of this section can be proved and it is necessary
for the public good, or it may be commenced without the direction...
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