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35-11-226
Section 35-11-226 Enforcement of judgments. (a) Judgments establishing the lien, and ordering
the property sold for the satisfaction thereof, may be enforced by writs of fieri facias or
venditioni exponas; but if by fieri facias, the clerk shall indorse thereon the fact that
the lien has been established, and a description of the property. (b) Upon the entry of such
judgment by the district court, all the papers and a certified transcript of the judgment
shall be transmitted to the clerk of the circuit court; and thereupon such clerk shall enter
the action on the execution docket, record the judgment, and issue a writ of fieri facias
or venditioni exponas, as on judgments entered in that court. (Code 1886, §§3036, 3037;
Code 1896, §§2741, 2742; Code 1907, §§4772, 4773; Code 1923, §§8850, 8851; Code 1940,
T. 33, §§54, 55.)...
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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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6-5-463
Section 6-5-463 Survival - Real property claims to which actions filed. Real property claims
with respect to which actions have been filed survive in favor of heirs, devisees, or personal
representatives and against heirs, devisees, tenants, or personal representatives according
to their respective rights, and the court must direct the record and judgment to be so framed
as to secure their rights and declare their respective interests. (Code 1852, §2158; Code
1867, §2556; Code 1876, §2921; Code 1886, §2601; Code 1896, §36; Code 1907, §2497; Code
1923, §5713; Code 1940, T. 7, §151.)...
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6-6-12
Section 6-6-12 Award - Proceedings when not performed; force and effect. If the award is not
performed in 10 days after notice and delivery of a copy thereof, the successful party may,
if an action is pending, cause the award and the file of papers in the case to be returned
to the court in which the action is pending or, if no action is pending, cause the submission
and award to be returned to the clerk of the circuit court of the county in which the award
is made. Such award has the force and effect of a judgment, upon which execution may issue
as in other cases. (Code 1852, §2714; Code 1867, §3153; Code 1876, §3541; Code 1886, §3226;
Code 1896, §513; Code 1907, §2913; Code 1923, §6161; Code 1940, T. 7, §834.)...
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6-6-334
Section 6-6-334 Failure of witnesses to attend or refusal to testify. (a) Any witness, duly
subpoenaed and failing to attend or refusing to testify may be fined by the district court
judge not exceeding $100, for the use of the county, for which he may issue execution directed
to the constable. (b) The judgment specified in subsection (a) of this section must not be
made absolute until 10 days after service of a written notice on such witness, informing him
of the entry of such judgment. (Code 1852, §§2869, 2870; Code 1867, §§3318, 3319; Code
1876, §§3715, 3716; Code 1886, §§3394, 3395; Code 1896, §§2141, 2142; Code 1907, §§4277,
4278; Code 1923, §§8018, 8019; Code 1940, T. 7, §§981, 982.)...
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6-6-410
Section 6-6-410 Debt or demand on which action pending. A debt or demand which is subject to
garnishment may be reached and subjected though an action may be pending thereon; and if the
action is not pending in the court from which the garnishment issues, the court, on proof
by the garnishee of the pendency of the garnishment, must, on the entry of judgment, stay
execution until notified by the clerk of the court in which the garnishment or attachment
is instituted that final judgment has been entered, in which case he must make the appropriate
order according to whether the judgment is entered for the plaintiff or defendant. (Code 1852,
§2524; Code 1867, §2951; Code 1876, §3276; Code 1886, §2952; Code 1896, §2177; Code 1907,
§4306; Code 1923, §8057; Code 1940, T. 7, §1001.)...
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6-6-684
Section 6-6-684 Entry of judgment in favor of sheriff or coroner. (a) Judgment must, in like
manner, be summarily entered in favor of the sheriff or coroner, on three days' notice of
the pendency of the action: (1) Against the obligors on bonds given to indemnify such officer
for levying an execution or attachment or for making sale of property so levied on or attached
after judgment against him for making such levy or sale, for the amount entered against such
officer, with interest from the date of judgment against him. (2) Against the deputy of the
sheriff or coroner and his sureties, or either of them, for the amount of any judgment entered
against the sheriff or coroner for the default of such deputy, with interest from date of
judgment against him. (b) Judgment must, in like manner, be summarily entered in favor of
the sheriff, on three days' notice, against the judge of probate, for the amount of any fees
received by him for such sheriff for the service of citations, notices, or...
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6-8-100
Section 6-8-100 Answer of tender; judgment thereon. An answer of tender of money or of a thing
in action must be accompanied by a delivery of the money or such thing in action to the clerk
of the court. If the tender is of ponderous articles or other personal property, the answer
must aver a readiness to deliver it to the plaintiff. Judgment for the defendant upon the
answer vests the title to the thing tendered in the plaintiff, subject to any claim the defendant
may have for his trouble in keeping it. (Code 1852, §§2245, 2246; Code 1867, §§2648, 2649;
Code 1876, §§2997, 2998; Code 1886, §2585; Code 1896, §3298; Code 1907, §5334; Code 1923,
§9473; Code 1940, T. 7, §228.)...
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11-51-7
Section 11-51-7 Effect of assessments and enforcement thereof by levy of execution upon and
sale of property generally; right of redemption of owner of property sold generally. After
the assessment has been corrected by the council or other governing body or board of assessors,
it has the force and effect of a judgment against the property, real or personal, assessed
and against the person owning the same and, at any time within five years after delinquency,
may be enforced by an execution issued by the clerk to be levied upon the property, real or
personal, which was so assessed for taxation if to be found and, if not, then upon any other
property, real or personal, belonging to the person against whom such taxes were assessed.
The execution may be in form provided by the council or other governing body, and may be levied
by the chief of police or other person designated by the council or other governing body,
and the property so levied upon may be sold by such officer upon notice...
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19-5-1
Section 19-5-1 Definitions. For purposes of this chapter unless the context otherwise requires,
the following terms mean: (1) FIDUCIARY. Includes a personal representative or trustee. (2)
PERSONAL REPRESENTATIVE. An executor, administrator, special administrator, or a person who
performs substantially the same function under the law governing the person's status, and
a successor to any of the above. (3) TRUST. Any express trust, with additions thereto, wherever
and however created, or any separate share of a trust, and includes any arrangement, other
than an estate, which, although not a trust, has substantially the same effect as a trust.
(4) TRUSTEE. An original, additional, or successor trustee, whether or not appointed or confirmed
by a court, and, in the case of an arrangement which is not a trust but which is treated as
a trust for purposes of the GST, includes the person in actual or constructive possession
of the property subject to such arrangement. (5) INTERNAL REVENUE CODE....
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