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12-13-43
of general direct and reverse indexes of instruments filed for record; liability of probate
judge for failure to comply with provisions of section. The probate judge of each county in
this state shall keep in his office four well-bound books of suitable size and grade of paper
in which to make a general direct and a general reverse index of each instrument filed for
record in his office, and two of said books shall be used for conveyances of real property
and two for conveyances of personal property and all other instruments entitled to
record in his office. In the general direct indexes he shall enter, in regular alphabetical
order, under appropriate title, the name of each maker of the instrument, the name of each
person to whom made, the date and character of such instrument and the date filed for record;
and, in the general reverse indexes, in like alphabetical order, under its appropriate title,
he shall enter the name of each person to whom the instrument is made, the...
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17-12-11
Section 17-12-11 Returns of election - How made; duty of judge of probate. One copy of the
certificate of the result of the election shall be signed by the inspector and enclosed in
an envelope, which shall then be securely sealed, and the inspector shall write his or her
name across every fold at which the envelope, if unfastened, could be opened. The envelope,
with certificate enclosed, shall be at once delivered to the judge of probate in the condition
received. The judge of probate shall keep and preserve the same unopened until the canvassing
board meets to ascertain the result of the election. In case of loss, mutilation, or absence
of the original certificate of the result of the election by the inspectors of any voting
place, the envelope shall be opened, and the copy therein shall be accepted as a certificate
of the result of the election for that voting place. The judge of probate shall preserve a
copy of the sealed election returns as a public record at least one year from...
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31-1-1
Section 31-1-1 Record of releases from active duty from military service (a) The county commission
of each county shall cause to be prepared and furnished to each judge of probate a well-bound
book of record, the back or side of which shall bear the following words, "Record of
Releases from Active Duty from the United States Army, Air Force, Coast Guard, Navy, or Marine
Corps." The pages of the book of record shall correspond with the printed matter appearing
on a release from active duty from the military service of the United States of America, with
sufficient blank spaces reserved thereon for the copying therein of the data and information
appearing on a release from active duty, which may be presented to the judge of probate for
record, as provided in this section. (b) Any person who holds a release from active duty,
or DD Form 214, from the United States Army, Air Force, Coast Guard, Navy, or Marine Corps
may present the DD Form 214 to the judge of probate of the county wherein he...
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43-2-812
Section 43-2-812 Judgment certified to probate court; execution for costs. If such judgment
is for the plaintiff, and it is shown to the court that such estate has been declared insolvent,
an order must be made to the effect that no execution issue on such judgment, but that the
same be certified to the proper probate court. Upon a certified copy of such judgment being
filed as a claim against the estate, it must be allowed with the costs against such estate,
unless shown to have been obtained by collusion; and when such judgment is certified, the
clerk may demand of the plaintiff payment of all costs incurred in obtaining the same. If
the plaintiff fails for 20 days after the judgment is so certified to pay such costs, execution
may issue against him for the same as in other cases. (Code 1852, §1860; Code 1867, §2209;
Code 1876, §2581; Code 1886, §2251; Code 1896, §319; Code 1907, §2795; Code 1923, §6034;
Code 1940, T. 61, §421.)...
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6-6-337
Section 6-6-337 Proceedings upon determination for either plaintiff or defendant. (a) If the
judge determines in favor of the plaintiff, he must record the decision and enter judgment
with costs, upon which he must issue a writ of execution commanding the sheriff or the constable
to restore the plaintiff to possession or place him in possession of his lands and tenements
according to complaint and to levy on and sell a sufficiency of the defendant's goods and
chattels, lands and tenements to satisfy the costs of the proceedings. Successive writs may
issue at any time when necessary to eject defendant or collect costs and damages, and a defendant
who refuses to obey the mandate of the writ as to the possession of the property or who enters
upon the premises without just cause or legal excuse after being ejected shall be guilty of
resisting an officer and contempt of court and shall be punished and fined accordingly, in
the discretion of the court issuing the process. (b) If the judge...
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40-10-15
Section 40-10-15 How sale made; duties of judge of probate. Such sales shall be made in front
of the door of the courthouse of the county at public outcry, to the highest bidder for cash,
between the hours of 10:00 A.M. and 4:00 P.M., and shall continue from day to day until all
the real estate embraced in the decree has been sold. The judge of probate must attend such
sales and make a record thereof in a book to be kept by him in his office for that purpose,
in which he shall describe each parcel of real estate sold and state to whom sold, the price
paid by the purchaser, the date of sale and, if no sale was effected, stating that fact, and
the reason thereof, and also in separate columns the amounts, as taken from the book or docket
in which the decrees are entered, of each kind of tax penalties and of the fees and costs
in each case, and he must also enter in such docket, in each case, the land sold under the
decree in that case, the purchaser thereof and the amount at which it was...
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45-49-85.01
Section 45-49-85.01 Instrument requirements; liability. (a) The judge of probate shall not
receive for record or permit the recording of an instrument in which the title to real property,
or of any interest therein, or lien thereon, is conveyed, granted, encumbered, assigned, or
otherwise disposed of, unless such an instrument has endorsed on it, printed, typewritten,
or stamped thereon, the grantee's name and latest complete address. (b) The judge of probate
shall not be liable in damages or penalty for any error or mistake in the performance of the
duties by this section if committed in good faith. (c) This requirement imposed by subsection
(a) shall be construed to be in addition to and supplemental to any other laws relating to
the recording of any vesting instruments, conveying title or any interest to real property.
(Act 81-507, p. 870, §§ 1-3.)...
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45-5-82.20
Section 45-5-82.20 Name and address of grantee; liability; falsification; application. (a)
In Blount County no probate judge shall receive for record or permit the recording of any
instrument in which the title to real property, or any interest therein, or lien thereon,
is conveyed, granted, encumbered, assigned, or otherwise disposed of, unless such an instrument
has endorsed on it, a printed, typewritten, or stamped statement showing the name and address
of the grantee in the instrument. (b) The probate judge shall not be liable in damages or
penalty for any error or mistake in the performance of the duties prescribed by this section
if committed in good faith. (c) Any person who falsifies or is a party to the falsification
of such a statement as described in subsection (a), shall be guilty of a misdemeanor. (d)
Subsection (a) shall not apply to any will, decree, court order, or judgment; to any instrument
executed or acknowledged prior to October 1, 1984; nor to any instrument...
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11-88-88
Section 11-88-88 Redemption of property after sale - Applicant to deliver copies of improvement
assessment sale deed to probate judge; examination, etc., of deeds, etc., by probate judge;
mailing of copies of deed and warning to redeem to persons last assessed for ad valorem taxation
on property; entry in record of deeds of certificate of warning by probate judge; termination
of redemption rights. At the time of application for entry of such certificate of warning
to redeem, the applicant shall deliver to the probate judge three correct copies of the said
deed with a notation thereon of the deed book and page where recorded and shall pay to the
said probate judge a fee of $1.00. The said copies of the deed need not include any certificate
of acknowledgment. It shall thereupon be the duty of the said probate judge to promptly compare
the said copies with the record of such deed and, if such copies be found to be correct copies
of such record, it shall be the further duty of such probate...
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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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