Section 21-45-56 – Receipt and deposit by clerk of courts of securities and investments for parties–Accounting.
21-45-56. Receipt and deposit by clerk of courts of securities and investments for parties–Accounting. The clerk of courts, in whose name a security is taken, or by whom an investment is made, and his successor in office, must receive the interest and principal as it becomes due, and apply and invest the same as the […]
Section 21-45-50 – Continuation of action between parties when proceeds of sale paid into court–Hearing of further testimony.
21-45-50. Continuation of action between parties when proceeds of sale paid into court–Hearing of further testimony. When the proceeds of the sale of any share or parcel belonging to persons who are parties to the action, and who are known, are paid into court, the action may be continued as between such parties, for the […]
Section 21-45-51 – Application of proceeds of sale of encumbered property.
21-45-51. Application of proceeds of sale of encumbered property. The proceeds of the sale of encumbered property must be applied under the direction of the court as follows: (1)To pay its just proportion of the general costs of the action; (2)To pay the costs of the reference; (3)To satisfy and cancel of record the several […]
Section 21-45-52 – Lien holder required to resort to other secured property.
21-45-52. Lien holder required to resort to other secured property. Whenever any party to an action who holds a lien upon the property or any part thereof, has other securities for the payment of the amount of such lien, the court may, in its discretion, order such security to be exhausted before distribution of the […]
Section 21-45-53 – Compensation of tenant for life or years–Consent or adjudication of amount payable–Protection of unknown tenant.
21-45-53. Compensation of tenant for life or years–Consent or adjudication of amount payable–Protection of unknown tenant. The person entitled to a tenancy for life or years, whose estate has been sold, is entitled to receive such sum as may be deemed a reasonable satisfaction for such estate, and which the person so entitled may consent […]
Section 21-45-54 – Compensation for future estate–Payment or investment of compensatory share.
21-45-54. Compensation for future estate–Payment or investment of compensatory share. In all cases of sales, where it appears that any person has a vested or contingent future right or estate in any of the property sold, the court must ascertain and settle the proportionate value of such contingent or vested right or estate, and must […]
Section 21-45-55 – Investment of proceeds of sale for unknown or nonresident owner.
21-45-55. Investment of proceeds of sale for unknown or nonresident owner. When there are proceeds of a sale belonging to an unknown owner, or to a person without the state who has no legal representative within it, the same must be invested in bonds of the United States for the benefit of the persons entitled […]
Section 21-45-46 – Sale valid from time of confirmation–Recording of certified copy of order.
21-45-46. Sale valid from time of confirmation–Recording of certified copy of order. The sale is confirmed and valid from the time of the order confirming it, and a certified copy of the order shall be recorded in the office of the register of deeds of the county wherein the property or some part thereof is […]
Section 21-45-47 – Validation of prior proceedings in which sales confirmed–Rights barred by no action.
21-45-47. Validation of prior proceedings in which sales confirmed–Rights barred by no action. All sales of real property made pursuant to partition proceedings which were confirmed by an order or judgment of the court in which said sales were held prior to January 1, 1992, are hereby in all things legalized, cured, and validated as […]
Section 21-45-48 – Recording of conveyance–Persons barred by recorded conveyance.
21-45-48. Recording of conveyance–Persons barred by recorded conveyance. The conveyance must be recorded in the county where the premises are situated, and shall be a bar against all persons interested in the property in any way, who shall have been named as parties in the action; and against all such parties and persons as were […]