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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40-10-101
Section 40-10-101 Refund to purchaser when taxes were not due at time of tax sale. When land
has been sold for taxes and purchased by anyone other than the state, and the purchase money
has been paid into the state and county treasuries, and it shall be made to appear to the
satisfaction of the Comptroller that such sale was invalid by reason of the fact that the
taxes for which the land was sold were not due, the purchaser of said land, his heirs or assigns,
upon the surrender of the certificate of purchase, shall be entitled to have the amount paid
for the purchase of said land refunded to him, if application shall be made therefor as hereinafter
provided, within two years from the date of sale and before the execution of a deed to such
purchaser. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §298.)...
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43-2-585
Section 43-2-585 Enforcement of payment or delivery. If the legacy is not payable in money,
the value thereof as ascertained under section 43-2-584 must be entered of record; and, if
the amount directed to be paid or the property directed to be delivered is not paid or delivered
within 60 days after such order, an execution may issue for such amount or the value of such
property against such executor or administrator and his sureties. (Code 1852, §1777; Code
1867, §2104; Code 1876, §2481; Code 1886, §2197; Code 1896, §265; Code 1907, §2741; Code
1923, §5980; Code 1940, T. 61, §340.)...
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6-5-466
Section 6-5-466 Revival in case of death of one or more defendants jointly sued. (a) The death
of one or more defendants jointly sued does not, as to the defendant dying, abate a claim
upon which an action has been filed if the claim survives; but such a claim may be revived
against the proper representative of such defendant and such representative and the surviving
defendant or defendants may be proceeded against jointly or severally, at the election of
the plaintiff. (b) Under this section, the judgment entered must be several, but against a
personal representative, if he objects, judgment must not be entered until after the expiration
of six months from the grant of letters testamentary or of administration. (c) Under this
section, the satisfaction of one judgment is, as to the plaintiff, a satisfaction of all,
except as to costs; but if requested, the plaintiff must assign, without recourse on him,
the judgment against a principal debtor to the party from whom satisfaction is...
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7-7-210
Section 7-7-210 Enforcement of warehouse's lien. (a) Except as otherwise provided in subsection
(b), a warehouse's lien may be enforced by public or private sale of the goods, in bulk or
in packages, at any time or place and on any terms that are commercially reasonable, after
notifying all persons known to claim an interest in the goods. The notification must include
a statement of the amount due, the nature of the proposed sale, and the time and place of
any public sale. The fact that a better price could have been obtained by a sale at a different
time or in a method different from that selected by the warehouse is not of itself sufficient
to establish that the sale was not made in a commercially reasonable manner. The warehouse
sells in a commercially reasonable manner if the warehouse sells the goods in the usual manner
in any recognized market therefor, sells at the price current in that market at the time of
the sale, or otherwise sells in conformity with commercially reasonable...
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11-50-93
Section 11-50-93 Proceedings for sale of land upon failure of property owner to pay assessment,
installment, or interest - Execution, etc., of deed to purchaser at sale; disposition of surplus
from sale; purchase of property by municipality. The officer making such sale shall execute
a deed to the purchaser, which shall convey all the right, title, and interest which the party
against whose property the assessment was made had or held in said property at the date of
making such assessment or on the date of making such sale. Any surplus arising from such sale
shall be paid into the city or town treasury, to be kept as a separate fund by the treasurer
for the owner upon the responsibility of his official bond. The council may, by its agent,
purchase real estate sold as provided under this division, and, in the event of such purchase,
the deed for the same shall be made to the city or town. (Acts 1923, No. 165, p. 134; Code
1923, §2106; Code 1940, T. 37, §631.)...
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12-19-134
Section 12-19-134 Taxation and collection of amount proved; limitation on number of witnesses
to prove any one matter. (a) Upon the final disposition of any civil case, the amount proved
by the witnesses, as provided in this article, must be taxed in the bill of costs against
the rightful party, setting forth the name of each witness and the amount allowed him, which
must be collected by the sheriff for the use of such witnesses and be paid to the clerk issuing
the execution, unless the certificate of such clerk, with the receipt of the witnesses thereon,
is produced to the sheriff. (b) Not more than two witnesses shall be taxed in any bill of
costs who were called to prove any one matter of fact or, having been subpoenaed, were not
examined unless the court, upon a motion to retax the costs, should, in its discretion, consider
that the circumstances of the case warranted the examining or summoning of more than two witnesses
for the proof of a particular fact or unless such witnesses...
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35-6-116
Section 35-6-116 Sale by sheriff; distribution of proceeds by probate judge. If the crops are
ordered sold, the judge of probate must forthwith issue a writ, directed to the sheriff, commanding
him to sell such crops for division, at a place to be designated in the decree and writ; and
thereupon the sheriff must proceed to advertise and sell such crops at the place designated,
in the same manner as he is required to advertise and sell personal property under execution
issuing from the circuit court; and after making the sale, he shall forthwith make due return,
and pay over the proceeds thereof to the judge of probate, who shall distribute the same among
the parties according to their respective interests. If a forthcoming bond has not been executed
under section 35-6-114 and the sheriff is not in possession of the crops, he shall seize the
same for the purpose of making a sale thereof, if in the hands of any of the parties to the
proceedings. (Code 1876, §3526; Code 1886, §3270;...
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43-6-5
Section 43-6-5 Disposition of real estate when no heir appears. If, after two years from the
publication of such notice, no heir or person entitled to receive such estate appears, the
real estate must be sold by such personal representative, under the direction of the judge
of probate of the county in which letters testamentary or of administration were granted and
upon such notice as real estate is sold by executors and administrators; and the proceeds
thereof must, after deducting all expenses and allowances, be paid to such judge. (Code 1852,
§2068; Code 1867, §2460; Code 1876, §2855; Code 1886, §1940; Code 1896, §1756; Code 1907,
§3922; Code 1923, §7618; Code 1940, T. 16, §29.)...
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6-5-284
Section 6-5-284 Instrument lost or destroyed by theft, etc.; evidence of loss, destruction
and contents; execution bond. (a) In an action commenced on a bond, note, bill of exchange,
or other instrument which has been lost or destroyed by theft or otherwise, if affidavit is
made by the plaintiff of such loss or destruction and the contents thereof and that the same
has not been paid or otherwise discharged and accompanies the complaint, it must be received
as presumptive evidence both of the contents and loss or destruction of such instrument, unless
the defendant by answer, verified by affidavit, denies the execution of such bond, note, or
bill or the endorsement, acceptance, or the contents thereof, in which case proof of such
execution, endorsement, acceptance, or contents must be made by the plaintiff; provided, that
this section must not be so construed as to authorize an action for the recovery of bank notes
or bills issued to circulate as money and alleged to be lost or...
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