Section 35-6-80 When and by whom sale made. In all cases in which any person of unsound mind or any minor shall hold an interest as tenant in common with others in one or more parcels of land or realty in this state, and there shall be no valid authority to sell such interest vested […]
Section 35-6-81 Report of sale by guardian to court. Within three months after making any such sale, such guardian shall report the same under oath to the court having jurisdiction of his administration of the estate of such ward. If the whole of the share of such ward in the proceeds of such sale shall […]
Section 35-6-82 Time and notice of hearing. Upon the filing of such report the court must appoint a day for the hearing of the same, not less than 20 days from the filing thereof, and must give notice thereof to any minor whose interest has been so sold who is over 14 years of age […]
Section 35-6-83 Guardian ad litem. The court must appoint a guardian ad litem to represent the interest of such ward upon such hearing, as provided by law for the appointment of guardians ad litem in such court. The person so appointed such guardian ad litem must deny in writing the allegations of such report and […]
Section 35-6-84 Contest by custodian and next of kin. The person in whose custody such ward is must be cited, and the next of kin so cited may also appear at such hearing and contest the confirmation of such sale. (Code 1907, §5257; Code 1923, §9361; Code 1940, T. 47, §223.)
Section 35-6-85 Conduct of hearing generally; order confirming sale. On the day appointed for such hearing, or on any other day to which it may be continued the court must proceed to hear such report and the evidence for and against the confirmation of such sale. Such evidence shall be taken orally in open court […]
Section 35-6-86 Multiple sales. Two or more sales of the interest of a ward in different parcels of land or realty made under the provisions of this article may be set forth by the guardian in one report, and be embraced in the hearing of such report and the order of the court made thereupon, […]
Section 35-6-87 Report of payment; order for conveyance. Within 30 days after receiving full payment for the interest of his ward in any land or realty so sold, such sale having been confirmed under the provisions of this article, the guardian of such ward must report such payment under oath to the court and apply […]
Section 35-6-88 Conveyances to be presented to court; certificate; when conveyance vacated. Every conveyance made under the provisions of this article shall, before delivery, be presented by the person making the same to the judge of the court ordering it to be made. If such judge is satisfied that such sale has been duly confirmed […]
Section 35-6-89 Sale void unless to advantage of ward and confirmed by court. (a) If, on the hearing of the report of sale by the guardian, it shall appear to the court that the sale of any parcel of land or realty therein set forth is not to the advantage of the ward whose interest […]
Section 35-6-90 Limitation on guardian’s authority; authority of successor. The authority conferred under the provisions of this article shall remain in the guardian in whom it is vested only so long as he continues as such; but his successor shall have the authority to consummate any sale made by him in accordance with such provisions. […]
Section 35-6-91 Provisions of article not exclusive. The provisions of this article shall not be exclusive of other modes, remedies, or proceedings for selling or partitioning the lands of minors or insane persons; but shall be construed to be cumulative or alternative remedies. (Code 1907, §5264; Code 1923, §9368; Code 1940, T. 47, §230.)
