§ 43-2-465 — Right of Purchaser to Cite Executor or Administrator to Report Sale

(a) If the executor or administrator fails, within the time required by law, to report any sale of lands made by him or her under the provisions of this article, the purchaser, or his or her heirs, or any other person claiming under him or her directly or derivatively, may, on motion in the probate court, have citation to issue to such executor or administrator, citing him or her to appear within 20 days from the date of the service of the citation, and report the sale; and if such executor or administrator is then a nonresident of the state, or his or her place of residence is unknown to the party asking for the citation, the court, on affidavit being made of either of these facts, must cause service of such citation to be made by publication, once a week for three successive weeks, in some newspaper published in the county, or if none is published therein, in the newspaper published nearest to the courthouse of such county.
(b) If the executor or administrator fails to appear and report the sale, as required by such citation, the probate court must, on the day such executor or administrator is cited to appear, or on such other day as may be set by the court, proceed to hear evidence touching the regularity of the sale, the compliance with the terms of sale, and the adequacy of the price bid for the lands; and if from the evidence the court is satisfied that the sale was regular and fair, that the purchase money has been paid or secured, according to the terms of sale, and that the amount bid at the sale is an adequate price for the lands, an order confirming the sale, and, if the sale was for cash, and the purchase money has been paid, designating and authorizing some person to convey the title to the lands to the party entitled thereto, must be made.

Legislative History

(Code 1886, §§2125, 2126; Code 1896, §§180, 181; Code 1907, §§2645, 2646; Code 1923, §§5875, 5876; Code 1940, T. 61, §§269, 270.)