reglab/housing_qa huggingface dataset:
AL Code § 35-6-81 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 4 - Sale of Land of Minors and Insane Persons for Distribution Among Joint Owners.|Section 35-6-81 - Report of Sale by Guardian to Court.

Section 35-6-81Report 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 have been paid when such report is made, such fact shall be stated therein, and the guardian shall therein apply to the court for authority to make a conveyance of the interest of said ward in the lands or realty so sold to the purchaser. Such report shall set forth the name, residence, and age of such ward, and of the person in whose custody he is, and the name and residence of the adult next of kin of said ward, resident in the state and not interested in such sale; if there be more than one such next of kin of the same degree, such report must set forth the names and residences of all of them resident in this state. (Code 1907, §5254; Code 1923, §9358; Code 1940, T. 47, §220.)
AL Code § 35-6-82 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 4 - Sale of Land of Minors and Insane Persons for Distribution Among Joint Owners.|Section 35-6-82 - Time and Notice of Hearing.

Section 35-6-82Time 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 and resident in this state, and also to the person in whose custody such ward is, if deemed by the court in the interest of such ward, and also to the adult next of kin of such ward resident in this state, not interested in such sale, or where there is more than one such next of kin of equal degree, then to such one of them as may be selected by the court. Such notice shall be given by personal citation to be served not less than 10 days before the day appointed for such hearing. (Code 1907, §5255; Code 1923, §9359; Code 1940, T. 47, §221.)
AL Code § 35-6-83 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 4 - Sale of Land of Minors and Insane Persons for Distribution Among Joint Owners.|Section 35-6-83 - Guardian Ad Litem.

Section 35-6-83Guardian 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 resist the confirmation of such sale, and, if necessary, must, with the approval of the court, employ counsel to defend the interest of the person he so represents. He is entitled to reasonable compensation, and an allowance for reasonable fees of such counsel as he may so employ, to be fixed by the court and taxed and collected as costs in the action. (Code 1907, §5256; Code 1923, §9360; Code 1940, T. 47, §222.)
AL Code § 35-6-84 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 4 - Sale of Land of Minors and Insane Persons for Distribution Among Joint Owners.|Section 35-6-84 - Contest by Custodian and Next of Kin.

Section 35-6-84Contest 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.)
AL Code § 35-6-85 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 4 - Sale of Land of Minors and Insane Persons for Distribution Among Joint Owners.|Section 35-6-85 - Conduct of Hearing Generally; Order Confirming Sale.

Section 35-6-85Conduct 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 at the time of the hearing or by deposition as in actions before the circuit court. If upon such hearing it shall appear to the satisfaction of the court that such sale as made is to the interest of the ward, the court shall make an order confirming the same, and, if it shall appear to the court that full payment has been made to the guardian for the interest of the minor in such sale, such order shall direct the guardian, or any other person appointed by the court, to make conveyance of the interest of the ward in the land or realty to the purchaser thereof. (Code 1907, §5258; Code 1923, §9362; Code 1940, T. 47, §224.)
AL Code § 35-6-86 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 4 - Sale of Land of Minors and Insane Persons for Distribution Among Joint Owners.|Section 35-6-86 - Multiple Sales.

Section 35-6-86Multiple 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, the court dealing with each such sale as it may deem proper. (Code 1907, §5259; Code 1923, §9363; Code 1940, T. 47, §225.)
AL Code § 35-6-87 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 4 - Sale of Land of Minors and Insane Persons for Distribution Among Joint Owners.|Section 35-6-87 - Report of Payment; Order for Conveyance.

Section 35-6-87Report 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 for an order to make a proper conveyance of such interest to the purchaser. The court must examine such report and may also examine witnesses in relation thereto; if, upon such examination, it is satisfied that such payment has been made, it must make an order for such conveyance to be made by said guardian or by some other person, appointed by the court conveying all right, title, and interest of such ward in such land or realty at the time of such sale thereof. (Code 1907, §5260; Code 1923, §9364; Code 1940, T. 47, §226.)
AL Code § 35-6-88 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 4 - Sale of Land of Minors and Insane Persons for Distribution Among Joint Owners.|Section 35-6-88 - Conveyances to Be Presented to Court; Certificate; When Conveyance Vacated.

Section 35-6-88Conveyances 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 and that such conveyance is properly made, he shall indorse upon such conveyance a certificate under the seal of the court of the confirmation of the sale under which conveyance is made, and of the confirmation of the conveyance as made. Such certificate must be recorded with the conveyance and shall be prima facie evidence of the confirmation of such sale and conveyance. If the court is not satisfied as to any such conveyance it must vacate the same, ordering a proper conveyance, as to which the same proceedings shall be had as provided by this section for the original conveyance. (Code 1907, §5261; Code 1923, §9365; Code 1940, T. 47, §227.)
AL Code § 35-6-89 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 4 - Sale of Land of Minors and Insane Persons for Distribution Among Joint Owners.|Section 35-6-89 - Sale Void Unless to Advantage of Ward and Confirmed by Court.

Section 35-6-89Sale 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 is so sold, the court shall order such sale set aside, whereupon the same shall become wholly void. (b) No sale or conveyance of lands under this article shall be valid to divest the title of the minor or person of unsound mind on whose behalf it is made, unless such sale or conveyance shall be confirmed as provided in this article. (Code 1907, §5262; Code 1923, §9366; Code 1940, T. 47, §228.)
AL Code § 35-6-90 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 4 - Sale of Land of Minors and Insane Persons for Distribution Among Joint Owners.|Section 35-6-90 - Limitation on Guardian's Authority; Authority of Successor.

Section 35-6-90Limitation 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. (Code 1907, §5263; Code 1923, §9367; Code 1940, T. 47, §229.)
AL Code § 35-6-91 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 4 - Sale of Land of Minors and Insane Persons for Distribution Among Joint Owners.|Section 35-6-91 - Provisions of Article Not Exclusive.

Section 35-6-91Provisions 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.)
AL Code § 35-6-100 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 4A - Purchase of Interest of Joint Owner Filing for Partition.|Section 35-6-100 - Court to Provide for Purchase of Filing Joint Owners' Interests; Notice by Prospective Purchasers.

Section 35-6-100Court to provide for purchase of filing joint owners' interests; notice by prospective purchasers. Upon the filing of any petition for a sale for division of any property, real or personal, held by joint owners or tenants in common, the court shall provide for the purchase of the interests of the joint owners or tenants in common filing for the petition or any others named therein who agree to the sale by the other joint owners or tenants in common or any one of them. Provided that the joint owners or tenants in common interested in purchasing such interests shall notify the court of same not later than 10 days prior to the date set for trial of the case and shall be allowed to purchase whether default has been entered against them or not. (Acts 1979, No. 79-334, p. 532, §1.)
AL Code § 35-6-101 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 4A - Purchase of Interest of Joint Owner Filing for Partition.|Section 35-6-101 - Appointment of Appraisers; Report.

Section 35-6-101Appointment of appraisers; report. In such circumstances as described in section 35-6-100, and in the event the parties cannot reach agreement as to the price, the value of the interest or interests to be sold shall be determined by one or more competent real estate appraisers or commissioners, as the court shall approve, appointed for such purpose by the court. The appraisers or commissioners appointed under this section shall make their report in writing to the court within 30 days after their appointment. (Acts 1979, No. 79-334, p. 532, §2.)
AL Code § 35-6-102 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 4A - Purchase of Interest of Joint Owner Filing for Partition.|Section 35-6-102 - Payment of Appraised Value Into Court; Time Period; Transfer of Title.

Section 35-6-102Payment of appraised value into court; time period; transfer of title. After the report of the appraisers or commissioners, the tenants in common or joint owners seeking to purchase the interests of those filing the petition shall have 30 days to pay into the court the price set as the value of those interests to be purchased. Upon such payment and approval of same by the court, the clerk shall execute and deliver or cause to be executed and delivered the proper instruments transferring title to the purchasers. (Acts 1979, No. 79-334, p. 532, §3.)
AL Code § 35-6-103 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 4A - Purchase of Interest of Joint Owner Filing for Partition.|Section 35-6-103 - Effect of Failure to Pay Purchase Price.

Section 35-6-103Effect of failure to pay purchase price. Should the joint owners or tenants in common fail to pay the purchase price as provided in section 35-6-102, the court shall proceed according to its traditional practices in such cases as described in section 35-6-100. (Acts 1979, No. 79-334, p. 532, §4.)
AL Code § 35-6-104 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 4A - Purchase of Interest of Joint Owner Filing for Partition.|Section 35-6-104 - Costs of Appraisal.

Section 35-6-104Costs of appraisal. The costs of the appraisers or commissioners shall be taxed as a part of the cost of court to those seeking to or purchasing the interests. (Acts 1979, No. 79-334, p. 532, §5.)
AL Code § 35-6-110 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 5 - Partition of Crops.|Section 35-6-110 - Crops Subject to Partition; by Whom Application Made.

Section 35-6-110Crops subject to partition; by whom application made. Matured crops of corn, cotton, or other produce, raised and made by persons in such manner as to make them joint owners or tenants in common therein, whether gathered or ungathered, may be divided among them, on the written application of any one or more of them to the probate court of the county in which such crops, or any portion thereof, are situated; and such application may be made by the administrator or executor of a deceased person, or by the guardian of a minor or person of unsound mind interested in such crops. (Code 1876, §3521; Code 1886, §3263; Code 1896, §3188; Code 1907, §5234; Code 1923, §9338; Code 1940, T. 47, §231.)
AL Code § 35-6-111 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 5 - Partition of Crops.|Section 35-6-111 - Contents of Application.

Section 35-6-111Contents of application. Such application must set forth the names, ages, and places of residence of all the persons interested in the crops, the location, value, and description of the crops, the number of shares into which it is sought to divide them, the interest of each person therein, and who is in the actual possession thereof; and it must be sworn to by the applicant, his agent, or attorney. (Code 1876, §3522; Code 1886, §3264; Code 1896, §3189; Code 1907, §5235; Code 1923, §9339; Code 1940, T. 47, §232.)
AL Code § 35-6-112 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 5 - Partition of Crops.|Section 35-6-112 - Time for Hearing; Guardians Ad Litem.

Section 35-6-112Time for hearing; guardians ad litem. Upon the filing of such application, a day must be appointed for the hearing of the same, within 15 days thereafter, if the parties are residents of this state, but if they are nonresidents, within 30 days thereafter; and if any of the parties in interest are minors or persons of unsound mind, guardians ad litem must be appointed to represent them, unless they have general guardians who will represent them on the hearing. (Code 1876, §3323; Code 1886, §3265; Code 1896, §3190; Code 1907, §5236; Code 1923, §9340; Code 1940, T. 47, §233.)
AL Code § 35-6-113 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 5 - Partition of Crops.|Section 35-6-113 - Notice.

Section 35-6-113Notice. Notice of such application, and of the day appointed for its hearing, must be issued by the judge of probate to the parties in interest who are residents of this state, which must be served on them at least five days before the day appointed for the hearing; and if any of the parties in interest are nonresidents, such notice must be given by publication, once a week for three successive weeks, in some newspaper published in the county, or if no newspaper is published therein, then in one that is published in an adjoining county, a copy of which shall be mailed by the judge of probate, and directed to such nonresidents at their post offices, if the same are known, or can be ascertained by reasonable effort. (Code 1876, §3523; Code 1886, §3266; Code 1896, §3191; Code 1907, §5237; Code 1928, §9341; Code 1940, T. 47, §234.)
AL Code § 35-6-114 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 5 - Partition of Crops.|Section 35-6-114 - When Sheriff Ordered to Take Possession of Crops; Forthcoming Bond.

Section 35-6-114When sheriff ordered to take possession of crops; forthcoming bond. (a) If, at the time of filing such application, or afterwards, any party interested in the crops, his agent or attorney, makes affidavit before the judge of probate that he has cause to believe that the crops, or any portion thereof, will be removed, sold, consumed, or destroyed before they can be divided, and gives bond, with sufficient surety, in double the value of the property to be divided, payable to the defendant or defendants, with condition to pay all costs and damages that may accrue from the wrongful filing of the application, the court shall order the sheriff to take possession of such crops, and to safely keep the same until final disposition thereof shall be made by the court, unless the other parties in interest, or some of them, give bond, with sufficient surety, to be approved by the sheriff, in double the value of the shares of those complaining, with condition for the delivery of such crops to the sheriff within five days after judgment, or, in case of default, to pay those entitled the value of their interest in the crops, together with all costs and damages for the detention of the same; and if the crops are not delivered according to the condition of the bond, any of the parties in interest may sue on the bond, jointly or severally, in the name of the sheriff for their use, and recover the value of their interests in the crops, and the costs and damages resulting from the detention. (b) If a forthcoming bond is given under subsection (a) of this section and the crops are not delivered to the sheriff, as required by its condition, the sheriff must endorse on the bond the failure to deliver such crops to him, and must return the same to the judge of probate. (Code 1876, §3524; Code 1886, §§3267, 3274; Code 1896, §§3192, 3199; Code 1907, §§5288, 5245; Code 1923, §§9342, 9349; Code 1940, T. 47, §§235, 242.)
AL Code § 35-6-115 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 5 - Partition of Crops.|Section 35-6-115 - Decree of Partition or Sale; Effect on Existing Liens.

Section 35-6-115Decree of partition or sale; effect on existing liens. (a) If, on the hearing, the court is satisfied from the evidence that the parties are joint owners or tenants in common in the crops, a decree must be entered, declaring the interest or share each has therein, and ordering the crops divided in specie, or sold for division, as may appear from the evidence more practicable and better for the interests of the parties; and if any liens exist on the crops, or on any interest or share therein, in favor of any of the parties, such liens, and the extent and amount thereof, must be declared; and if a division in specie is ordered, such liens shall be charges only on the shares of the parties against whom they exist, but if a sale is ordered, the proceeds of the shares or interest upon which they exist, after payment of their part of the costs, shall be applied to the satisfaction of such liens. (b) When any lien exists on the crops, or on any share or interest therein, in favor of any person other than the joint owners or tenants in common, such person must be made a party to the application, and his lien declared and protected; and if division in specie is made, such lien shall thenceforth rest only on the share or interest of the party against whom it exists; but if a sale is made, such lien shall be satisfied out of the proceeds of the share or interest upon which it exists; but such share or interest must first be made to contribute its share of the costs. (Code 1876, §§3525, 3534; Code 1886, §§3268, 3269; Code 1896, §§3193, 3194; Code 1907, §§5239, 5240; Code 1923, §§9343, 9344; Code 1940, T. 47, §§236, 237.)
AL Code § 35-6-116 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 5 - Partition of Crops.|Section 35-6-116 - Sale by Sheriff; Distribution of Proceeds by Probate Judge.

Section 35-6-116Sale by sheriff; distribution of proceeds by probate judge. If the crops are ordered sold, the judge of probate must forthwith issue a writ, directed to the sheriff, commanding him to sell such crops for division, at a place to be designated in the decree and writ; and thereupon the sheriff must proceed to advertise and sell such crops at the place designated, in the same manner as he is required to advertise and sell personal property under execution issuing from the circuit court; and after making the sale, he shall forthwith make due return, and pay over the proceeds thereof to the judge of probate, who shall distribute the same among the parties according to their respective interests. If a forthcoming bond has not been executed under section 35-6-114 and the sheriff is not in possession of the crops, he shall seize the same for the purpose of making a sale thereof, if in the hands of any of the parties to the proceedings. (Code 1876, §3526; Code 1886, §3270; Code 1896, §3195; Code 1907, §5241; Code 1923, §9345; Code 1940, T. 47, §238.)
AL Code § 35-6-117 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 5 - Partition of Crops.|Section 35-6-117 - Appointment and Duties of Commissioners Generally; Oath; Return; Seizure of Crops.

Section 35-6-117Appointment and duties of commissioners generally; oath; return; seizure of crops. If a division of the crops is decreed, the judge of probate must forthwith issue a writ, directed to the sheriff, and commanding him to summon three disinterested and intelligent householders of the county, not related to either of the parties, to make such division, who shall divide the crops among the parties according to the decree, a copy of which must accompany the writ, and shall, within 10 days after their appointment, make due return of the division made by them in writing and under oath, which oath must be taken before the judge of probate, and must set forth that they made the division fairly and impartially, to the best of their knowledge and ability; and for the purpose of such division the sheriff, if not in possession, and no forthcoming bond has been given, must seize the crops to be divided, if in the possession of any of the parties to the proceedings. (Code 1876, §3527; Code 1886, §3271; Code 1896, §3196; Code 1907, §5242; Code 1923, §9346; Code 1940, T. 47, §239.)