§ 9-13-175. Duty of Officer to Place Purchaser in Possession; Which Persons Officer May Dispossess
When any sheriff or other officer sells any real estate or present interest in land by virtue of and under any execution or otherwise, it shall be his duty, upon application, to place the purchaser or his agent or attorney in possession of the real estate. To this end, the officer may dispossess the defendant, […]
§ 9-13-176. How Possession Obtained After Expiration of Court Term or Replacement of Officer
If the purchaser of real estate at sheriff’s and other sales under execution fails to make application for possession thereof until the next term of the superior court after the sale has taken place or until the officer making the sale has gone out of office, the possession may be obtained only under an order […]
§ 9-13-177. Right to Enforce Covenants
The purchaser at a judicial sale may enforce any covenants of warranty running with the land which are incorporated in the previous title deeds. History. Orig. Code 1863, § 2578; Code 1868, § 2581; Code 1873, § 2623; Code 1882, § 2623; Civil Code 1895, § 5450; Civil Code 1910, § 6055; Code 1933, § […]
§ 9-13-178. When Title Deeds Prior to Purchase Must Be Proved
In all controversies in the courts of this state, the purchaser at a judicial sale shall not be required to show title deeds prior to his purchase unless it is necessary for his case to show good title in the person whose interest he purchased. History. Orig. Code 1863, § 2576; Code 1868, § 2578; […]
§ 9-14-1. Who May Seek Writ
Any person restrained of his liberty under any pretext whatsoever, except under sentence of a state court of record, may seek a writ of habeas corpus to inquire into the legality of the restraint. Any person alleging that another person in whom for any cause he is interested is kept illegally from the custody of […]
§ 9-14-2. Habeas Corpus on Account of Detention of Spouse or Child
In all writs of habeas corpus sought on account of the detention of a spouse or child, the court on hearing all the facts may exercise its discretion as to whom the custody of the spouse or child shall be given and shall have the power to give the custody of a child to a […]
§ 9-14-3. Petition for Writ — Contents
The application for the writ of habeas corpus shall be by petition in writing, signed by the applicant, his attorney or agent, or some other person in his behalf, and shall state: The name or description of the person whose liberty is restrained; The person restraining, the mode of restraint, and the place of detention […]
§ 9-14-4. Petition for Writ — Verification; to Whom Presented
The petition for the writ of habeas corpus must be verified by the oath of the applicant or some other person in his behalf. It may be presented to the judge of the superior court of the circuit in which the illegal detention exists who may order the party restrained of his liberty to be […]
§ 9-14-5. When Writ Granted
When upon examination of the petition for a writ of habeas corpus it appears to the judge that the restraint of liberty is illegal, he shall grant the writ, requiring the person restraining the liberty of another or illegally detaining such person in his custody to bring the person before him at a time and […]
§ 9-13-169. Note or Memorandum Unnecessary
No note or memorandum in writing shall be necessary to charge any person at a judicial sale. History. Laws 1831, Cobb’s 1851 Digest, p. 514; Code 1863, § 2577; Code 1868, § 2579; Code 1873, § 2621; Code 1882, § 2621; Civil Code 1895, § 5448; Civil Code 1910, § 6053; Code 1933, § 39-1306.