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 21-45-39 – Distribution by referees of proceeds of sale–Payment into court.
21-45-39. Distribution by referees of proceeds of sale–Payment into court. The proceeds of sale and the securities taken by the referees, or any part thereof, must be distributed by them to the persons entitled thereto, wherever the court so directs. But in case no direction be given, all of such proceeds and securities must be […]
Section 21-45-40 – Clerk of courts to take and hold security and investment of proceeds.
21-45-40. Clerk of courts to take and hold security and investment of proceeds. When the security of the proceeds of the sale is taken, or when an investment of any such proceeds is made, it must be done, except as herein otherwise provided, in the name of the clerk of courts of the county where […]
Section 21-45-41 – Report of sale filed with clerk of courts–Contents.
21-45-41. Report of sale filed with clerk of courts–Contents. Within ten days after the sale of the property, or any part thereof, ordered to be sold, a report thereof, duly verified by the person making the same, shall be filed in the office of the clerk of courts of the county in which the action […]
Section 21-45-42 – Exceptions to return of sale–Order fixing time and place for hearing.
21-45-42. Exceptions to return of sale–Order fixing time and place for hearing. At any time within ten days after such return has been filed, any person interested may file exceptions thereto in writing, and no order confirming said sale shall be made until an order of the court has been made fixing a time and […]
Section 21-45-43 – Higher and better bid filed before confirmation of sale.
21-45-43. Higher and better bid filed before confirmation of sale. The making of a higher and better bid subsequent to said sale shall not operate as the filing of an exception to the report of sale. If a higher and better bid is made and filed at any time before the confirmation of sale, then […]
Section 21-45-44 – Sale not confirmed if higher and better bid filed–Successive bids at hearing–Order directing conveyance to highest bidder.
21-45-44. Sale not confirmed if higher and better bid filed–Successive bids at hearing–Order directing conveyance to highest bidder. Such sale shall not be confirmed as to any property for which a higher and better bid in writing, equal to or exceeding the amount specified in the order of sale, shall have been filed, prior to […]
Section 21-45-45 – Confirmation ex parte when no exceptions or higher bids filed–Order for conveyance.
21-45-45. Confirmation ex parte when no exceptions or higher bids filed–Order for conveyance. If no exceptions be filed to the report of sale, and such fact is made to appear by the certificate of the clerk of courts in whose office the same is filed, and no higher or better bid is filed with said […]
Section 21-45-36 – Undertaking required of conservator receiving proceeds of sale.
21-45-36. Undertaking required of conservator receiving proceeds of sale. The conservator of a minor or protected person whose interest in real property has been sold, may receive in behalf of such person his share of the proceeds of such real property from the referees, on executing, with sufficient sureties, an undertaking, approved by a judge […]
Section 21-45-37 – Security taken by referees delivered to parties for agreed or adjudicated shares–Filing of agreement and receipt.
21-45-37. Security taken by referees delivered to parties for agreed or adjudicated shares–Filing of agreement and receipt. When security is taken by the referees on a sale and the parties interested in such security, by an instrument in writing, under their hands, delivered to the referees, agree upon the shares and proportions to which they […]