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6-9-92
Section 6-9-92 Sale of levied property - Notice to plaintiff of money made. When the money,
or any part thereof, has been made on an execution, the officer must give the plaintiff, his
agent or attorney personal notice thereof within 10 days thereafter, if resident in the county;
if not resident in the county and he knows the residence of them, or either of them, such
notice may be sent by mail through the postal service. (Code 1852, §2451; Code 1867, §2865;
Code 1876, §3202; Code 1886, §2912; Code 1896, §1910; Code 1907, §4117; Code 1923, §7832;
Code 1940, T. 7, §544.)...
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36-22-10
Section 36-22-10 Maintenance of record book as to executions or orders of sale received by
sheriff generally. Each sheriff must also enter in well-bound books, whenever any execution
or order of sale is received by him, the names of the parties, the character of the process,
the time of its receipt, the date of the judgment on which the same issued, if it appears
from such process, the amount of the same, principal and costs, the court from which it issued
and the name of the attorneys as endorsed thereon. (Code 1852, §691; Code 1867, §819; Code
1876, §732; Code 1886, §812; Code 1896, §3742; Code 1907, §5874; Code 1923, §10200; Code
1940, T. 54, §19.)...
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6-5-253
Section 6-5-253 Payment or tender of purchase money and other lawful charges, with interest.
(a) Anyone entitled and desiring to redeem real estate under the provisions of this article
must also pay or tender to the purchaser or his or her transferee the purchase price paid
at the sale, with interest at the rate allowed to be charged on money judgments as set forth
in Section 8-8-10 (as it is now or hereinafter may be amended), and all other lawful charges,
also with interest as aforesaid; lawful charges are the following: (1) Permanent improvements
as prescribed herein. (2) Taxes paid or assessed. (3) All insurance premiums paid or owed
by the purchaser. (4) Any other valid lien or encumbrance paid or owned by such purchaser
or his or her transferee or if the redeeming party is a judgment creditor or junior mortgagee
or any transferee thereof, then all recorded judgments, recorded mortgages, and recorded liens
having a higher priority in existence at the time of sale which are revived...
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6-9-147
Section 6-9-147 Setting aside of sales by courts. Courts have full power over their officers
making execution or judicial sales, and whenever satisfied that a sale made under any legal
process is infected with fraud, oppression, irregularity, or error to the injury of either
party, the sale will be set aside. (Code 1907, §4134; Code 1923, §7849; Code 1940, T. 7,
§561.)...
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9-12-8
Section 9-12-8 Proceedings as to violations of chapter - Procedure for sale of condemned boats,
etc.; disposition of proceeds. If the judgment is not stayed by the execution of bond as aforesaid,
the sheriff must, after the expiration of 10 days, advertise and sell the boat or vessel,
her tackle, etc., in the same manner as the sales under execution and, after deducting all
necessary expenses of the seizure and costs of sale, of which he shall render an account on
oath, pay the residue to the county treasurer of the county in which the seizure is made,
who may allow him 10 percent thereon for his trouble. The money thus received by the treasurer
must be held for the same purpose as that arising from fines and forfeitures. (Code 1852,
§1127; Code 1867, §1307; Code 1876, §1615; Code 1886, §4726; Code 1896, §5581; Code 1907,
§7502; Code 1923, §5110; Code 1940, T. 8, §171.)...
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35-11-151
Section 35-11-151 Enforcement of lien. If such debt remains unpaid for 12 months or more, then
the jeweler, watchmaker, or silversmith may sell such article at private or public sale after
10 days' notice and the proceeds, after first paying the expenses of the sale shall be applied
on the payment of the debt, the balance, if any, to be held for the debtor. If the debtor's
residence is known, notice in writing must be given the debtor of the amount due and the time
and place of the sale before said sale, notice to be mailed to his street address. If the
debtor's residence is unknown, notice must be given by posting in the county courthouse of
the city, town, or village where the jeweler, watchmaker, or silversmith resides, or the courthouse
nearest thereto, statement that the sale will be made, setting out the time, place, and article
or articles to be sold and the name of the debtor. (Acts 1923, No. 441, p. 589; Code 1923,
§8869; Code 1940, T. 33, §32.)...
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43-2-706
Section 43-2-706 Payment of costs. If such issue is decided against the executor or administrator,
the report must be dismissed, and execution for the costs may issue against him and his sureties;
but if it is decided in his favor, the costs must be paid by the contesting creditor, or parties
interested in the estate, or out of the estate, as the court may direct. (Code 1852, §§1835,
1836; Code 1867, §§2184, 2185; Code 1876, §§2556, 2557; Code 1886, §2229; Code 1896,
§297; Code 1907, §2762; Code 1923, §6001; Code 1940, T. 61, §388.)...
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35-11-171
Section 35-11-171 Enforcement of lien. If such debt remains unpaid for three months or more,
the party rendering such service may sell such article at private or public sale and the proceeds,
after first paying the expenses of the sale shall be applied on the payment of the debt, the
balance, if any to be held for the debtor. If the debtor's residence is known, notice in writing
must be given the debtor of the amount due and the time and place of the sale before said
sale, said notice to be mailed to his street address. If debtor's address is unknown, notice
may be given by posting it in the county courthouse of the city or town where the service
is rendered or the courthouse nearest thereto, for two weeks before said sale, said notice
setting out the time and place said sale will be made and the article or articles to be sold
and the name of the debtor or debtors. Such notice may also be published in a newspaper published
in the county in which such sale is to be had and when so...
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35-7-4
Section 35-7-4 Ascertainment of amount to be paid upon failure of parties to agree. If the
parties cannot agree, on application by either to the district court in the county in which
such fence is, such court must issue an order in writing to three disinterested freeholders
of such county, not related to either of the parties, to examine such fence, and to ascertain
the amount to be paid to the owner erecting the same; and such freeholders, on a day to be
by them appointed, of which both parties must have notice, must examine such fence and report
to the court the proportionate amount to be paid to the person erecting the fence; and if
such amount is not paid within 10 days after such report, the court must issue execution therefor,
with costs, as provided in section 35-7-5, to be collected and returned as other executions.
(Code 1852, §1106; Code 1867, §1289; Code 1876, §1593; Code 1886, §1371; Code 1896, §2119;
Code 1907, §4248; Code 1923, §7978; Code 1940, T. 47, §253.)...
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36-22-11
Section 36-22-11 Entries to be made in record book as to amounts received by sheriff on executions
or orders of sale. The sheriff must also enter on the same page, against the entries required
by Section 36-22-10, the amount he receives on such execution or order of sale, stating the
principal, interest and cost separately and also stating separately each item of costs he
receives which is not charged in the bill of costs, the time he receives the same and his
return. (Code 1852, §692; Code 1867, §820; Code 1876, §733; Code 1886, §813; Code 1896,
§3743; Code 1907, §5875; Code 1923, §10201; Code 1940, T. 54, §20.)...
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