Section 43-2-468 – Sale or Division of Land Received on Compromise.
Section 43-2-468 Sale or division of land received on compromise. Real estate received by an executor or administrator in payment of any bad or doubtful claim, on a compromise of such claim made under an order of the probate court, may be distributed by the court having jurisdiction of the estate, by sale or division, […]
Section 43-2-454 – Dismissal of Application Upon Failure of Proof.
Section 43-2-454 Dismissal of application upon failure of proof. If, on the hearing of the application, the facts are not proved, the same must be dismissed at the cost of the applicant, for which execution may issue against him and his sureties. (Code 1852, §1761; Code 1867, §2087; Code 1876, §2459; Code 1886, §2115; Code […]
Section 43-2-455 – Advertisement of Sale.
Section 43-2-455 Advertisement of sale. When the application for the sale of land for the payment of debts or division is granted and the land directed to be sold, the executor or administrator must give notice of the day, place and terms of sale, and a description of the property to be sold, by advertisement […]
Section 43-2-456 – Applicability of Sections 43-2-414, 43-2-416 and 43-2-417.
Section 43-2-456 Applicability of sections 43-2-414, 43-2-416 and 43-2-417. Sections 43-2-414, 43-2-416 and 43-2-417 are applicable to sales of real estate. (Code 1897, §170; Code 1907, §2634; Code 1923, §5864; Code 1940, T. 61, §258.)
Section 43-2-457 – How Purchase Money Secured.
Section 43-2-457 How purchase money secured. The executor or administrator must secure the purchase money by taking notes or bonds of the purchaser, with sufficient sureties, or taking a purchase money mortgage. (Code 1852, §1763; Code 1867, §2089; Code 1876, §2461; Code 1886, §2117; Code 1896, §171; Code 1907, §2635; Code 1923, §5865; Code 1940, […]
Section 43-2-458 – Place of Sale.
Section 43-2-458 Place of sale. Lands may be sold at such place in the county where they lie, as the court may direct; and if they lie in one body, but in more than one county, they may be sold in either of the counties, as the court may direct. (Code 1852, §1764; Code 1867, […]
Section 43-2-459 – Report and Examination of Sale – Generally.
Section 43-2-459 Report and examination of sale – Generally. The executor or administrator must, within 30 days after such sale, report on oath his proceedings to the court, which report must show whether or not the executor or administrator has any personal pecuniary interest in the sale, whether he is, directly or indirectly, a purchaser […]
Section 43-2-460 – Report and Examination of Sale – Notice and Hearing.
Section 43-2-460 Report and examination of sale – Notice and hearing. If it appears from the report of the personal representative provided for in section 43-2-459 that he has a personal interest in such sale, or that he was, directly or indirectly, the purchaser at such sale, or if the court is satisfied from the […]
Section 43-2-461 – Setting Aside Sale; Resale.
Section 43-2-461 Setting aside sale; resale. (a) If, on such examination, the court is satisfied that the sale was not fairly conducted, or that the amount for which the land, or any portion of the same, sold was greatly less than its real value, the court may vacate such sale, either in whole or in […]
Section 43-2-462 – Confirmation of Sale.
Section 43-2-462 Confirmation of sale. Whenever the court is satisfied that such sale was fairly conducted, and the land sold for an amount not greatly less than its real value, and the purchase money is paid, or sufficiently secured, by mortgage or other personal security, it must make an order confirming such sale; but such […]