Section 43-2-452 – When Depositions Required.
Section 43-2-452 When depositions required. No order for the sale of land belonging to any estate, whether for the payment of debts, or for division, must be made when there are minors or persons of unsound mind or unknown parties interested in such estate, unless the probate court has taken evidence by deposition, showing the […]
Section 43-2-453 – Evidence of Title.
Section 43-2-453 Evidence of title. In applications to the probate court for the sale of lands, the patent or deed shall be sufficient evidence to authorize the court to proceed and hear the application. (Code 1867, §2129; Code 1876, §2473; Code 1886, §2131; Code 1896, §186; Code 1907, §2651; Code 1923, §5881; Code 1940, T. […]
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 […]