Alabama § 43-2-461 Setting Aside Sale; Resale

Alabama Statutes

§ 43-2-461 — Setting Aside Sale; Resale

Alabama § 43-2-461

JurisdictionAlabama

Title 43Wills and Decedents’ Estates

Ch. 2Administration of Estates

Art. 17Renting and Sale of Real Estate

Div. 1For Payment of Debts and for Division

This text of Alabama § 43-2-461 (Setting Aside Sale; Resale) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 43-2-461 (2026).

Text

(a)If, on such examination, the court is satisfied that the sale was not fairly conducted, or that the amount for which the land, or any portion of the same, sold was greatly less than its real value, the court may vacate such sale, either in whole or in part.

(b)If it is made to appear to the court previous to the confirmation of such sale, that the sureties taken on the notes or bonds of the purchasers or the security given are insufficient, such sale, as to every such purchaser, must not be confirmed until he or she gives security for the purchase money to the satisfaction of the court; and if such security is not given within 10 days the sale must be vacated as to the purchaser thus failing.

(c)When any sale of land is vacated, in whole or in part, according to the provisions of sub

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(a) If, on such examination, the court is satisfied that the sale was not fairly conducted, or that the amount for which the land, or any portion of the same, sold was greatly less than its real value, the court may vacate such sale, either in whole or in part.
(b) If it is made to appear to the court previous to the confirmation of such sale, that the sureties taken on the notes or bonds of the purchasers or the security given are insufficient, such sale, as to every such purchaser, must not be confirmed until he or she gives security for the purchase money to the satisfaction of the court; and if such security is not given within 10 days the sale must be vacated as to the purchaser thus failing.
(c) When any sale of land is vacated, in whole or in part, according to the provisions of subsections (a) and (b) of this section, the court must direct another sale to be had, which must be advertised and conducted in all respects as is provided for the sale of lands under the provisions of this division.

Legislative History

(Code 1852, §§1766-1768; Code 1867, §§2092-2094; Code 1876, §§2464-2466; Code 1886, §§2120-2122; Code 1896, §§174-176; Code 1907, §§2639-2641; Code 1923, §§5869-5871; Code 1940, T. 61, §§263-265.)