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36-2-9 |
Ch. 36 — ESTATES IN PROPERTY |
Disposition of Estates Subject to Future Interests |
Sale or Lease of Timber, Oil, Gas, Coal, or Other Minerals |
If the property sought to be sold or leased under the provisions of this article is gas, oil, or other volatile or fugitive substance, and it shall clearly appe… |
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36-2-10 |
Ch. 36 — ESTATES IN PROPERTY |
Disposition of Estates Subject to Future Interests |
Execution of Decree by Commissioner |
If such sale, lease, mining lease or other conveyance shall be decreed, the court shall appoint a special commissioner or special commissioners to make the same… |
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36-2-11 |
Ch. 36 — ESTATES IN PROPERTY |
Disposition of Estates Subject to Future Interests |
Title of Purchaser |
Where a sale, lease, mining lease or other conveyance is decreed under the provisions of this article, the title of the purchaser to such interest as was decree… |
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36-2-12 |
Ch. 36 — ESTATES IN PROPERTY |
Disposition of Estates Subject to Future Interests |
Disposition of Proceeds |
The proceeds of sale, and the reversion subject to any such lease or mining lease, together with the proceeds, rents, and royalties accruing from any such lease… |
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36-2-13 |
Ch. 36 — ESTATES IN PROPERTY |
Disposition of Estates Subject to Future Interests |
Remedies Herein Provided Cumulative |
This article and the rights and remedies herein provided for shall be cumulative and in addition to other existing rights. |
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36-3-1 |
Ch. 36 — ESTATES IN PROPERTY |
Form and Effect of Deeds |
Seal Not Necessary in Conveyances of Land |
The affixing of a seal, or any symbol or word intended to have the effect of a seal, shall not be necessary to give validity to any deed, trust deed, mortgage, … |
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36-3-2 |
Ch. 36 — ESTATES IN PROPERTY |
Form and Effect of Deeds |
Covenant on Unsealed Conveyances or Contracts |
An action of covenant may be maintained on any written conveyance or lease which, under the provisions of section one, article one of this chapter, must be by d… |
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36-3-3 |
Ch. 36 — ESTATES IN PROPERTY |
Form and Effect of Deeds |
Other Effects of Seal |
The affixing of a seal, or any symbol or word intended to have the effect of a seal, to any instrument conveying or agreeing to convey land, or any interest wha… |
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36-3-4 |
Ch. 36 — ESTATES IN PROPERTY |
Form and Effect of Deeds |
Distinctions Between Various Kinds of Deeds Abolished |
All distinctions in legal effect between deeds of grant, deeds of bargain and sale, deeds of lease and release, and deeds of covenant to stand seized, are hereb… |
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36-3-5 |
Ch. 36 — ESTATES IN PROPERTY |
Form and Effect of Deeds |
Form of Deed |
A deed may be made in the following form, or to the same effect:
{{FIGURE type=form page=945 id=36-3-5~fig1 note="Form of deed"}}
“This deed made the ...... d… |
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36-3-6 |
Ch. 36 — ESTATES IN PROPERTY |
Form and Effect of Deeds |
Necessity of Consideration in Deed of Real Property |
If a deed of real property is in other respects valid, it shall not fail for want of a payment of consideration, or the recital of a consideration in the deed. … |
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36-3-7 |
Ch. 36 — ESTATES IN PROPERTY |
Form and Effect of Deeds |
Effect of Words of Release in a Deed |
Whenever, in any deed, there shall be used the words “The said grantor releases to the said grantee all his claims upon the said lands,” or words of like import… |
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36-3-8 |
Ch. 36 — ESTATES IN PROPERTY |
Form and Effect of Deeds |
Form of Lease |
A deed of lease may be made in the following form or to the same effect:
{{FIGURE type=form page=945 id=36-3-8~fig1 note="Form of lease"}}
This deed, made the… |
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36-3-9 |
Ch. 36 — ESTATES IN PROPERTY |
Form and Effect of Deeds |
Form of Deed by Sheriff or Special Commissioner |
The deed of a sheriff or special commissioner for real estate sold under the decree, judgment or order of a court may be made in the following form, or to the s… |
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36-3-10 |
Ch. 36 — ESTATES IN PROPERTY |
Form and Effect of Deeds |
Deeds to Include Buildings, Privileges and Appurtenances |
Every deed conveying land shall, unless an exception be made therein, be construed to include all buildings, privileges, and appurtenances of every kind belongi… |
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36-4-1 |
Ch. 36 — ESTATES IN PROPERTY |
Covenants |
Effect of Covenant in a Deed |
When the words “the said .......... .......... covenants,” are used in a deed, such covenant shall have the same effect as if it was expressed to be by the cove… |
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36-4-2 |
Ch. 36 — ESTATES IN PROPERTY |
Covenants |
General Warranty |
A covenant by a grantor in a deed, “that he will warrant generally the property hereby conveyed,” or a covenant of like import, or the use of the words “with ge… |
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36-4-3 |
Ch. 36 — ESTATES IN PROPERTY |
Covenants |
Special Warranty |
A covenant by a grantor in a deed “that he will warrant specially the property hereby conveyed,” or a covenant of like import, or the use of the words “with spe… |
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36-4-4 |
Ch. 36 — ESTATES IN PROPERTY |
Covenants |
Right to Convey |
A covenant by a grantor in a deed for land, “that he has the right to convey the said land to the grantee,” or a covenant of like import, shall have the same ef… |
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36-4-5 |
Ch. 36 — ESTATES IN PROPERTY |
Covenants |
Quiet Possession |
A covenant by a grantor in a deed “that the grantee shall have quiet possession of the said land,” or a covenant of like import, shall have as much effect as if… |
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36-4-6 |
Ch. 36 — ESTATES IN PROPERTY |
Covenants |
Freedom From Encumbrances |
A covenant, by any grantor in a deed, containing the words “free from all encumbrances,” or a covenant of like import, shall have the same effect as if the gran… |
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36-4-7 |
Ch. 36 — ESTATES IN PROPERTY |
Covenants |
Special Covenant Against Encumbrances |
A covenant by a grantor in a deed, “that he has done no act to encumber the said lands,” or a covenant of like import, shall have the same effect as if he had c… |
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36-4-8 |
Ch. 36 — ESTATES IN PROPERTY |
Covenants |
Further Assurances |
A covenant by a grantor in a deed for land “that he will execute such further assurances of the said lands as may be requisite,” or a covenant of like import, s… |
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36-4-9 |
Ch. 36 — ESTATES IN PROPERTY |
Covenants |
Covenant to Pay Rents |
In a lease, a covenant by the lessee “to pay the rent,” or a covenant of like import, shall have the effect of a covenant that the rent reserved by the deed sha… |
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36-4-10 |
Ch. 36 — ESTATES IN PROPERTY |
Covenants |
Covenant to Pay Taxes |
A covenant by the lessee in a lease “to pay the taxes,” or a covenant of like import, shall have the effect of a covenant that all taxes, levies, and assessment… |
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36-4-11 |
Ch. 36 — ESTATES IN PROPERTY |
Covenants |
Covenant Against Assignment |
In a lease, a covenant by the lessee “that he will not assign or sublet without leave,” or a covenant of like import, shall have the same effect as a covenant t… |
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36-4-12 |
Ch. 36 — ESTATES IN PROPERTY |
Covenants |
Covenant for Repairs |
In a lease, a covenant by the lessee “that he will leave the premises in good repair,” or a covenant of like import, shall, subject to the provisions of the fol… |
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36-4-13 |
Ch. 36 — ESTATES IN PROPERTY |
Covenants |
Effect of Destruction of Buildings |
No covenant or promise by a lessee that he will leave the premises in good repair shall have the effect, if the buildings or other structures are destroyed by f… |
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36-4-14 |
Ch. 36 — ESTATES IN PROPERTY |
Covenants |
Covenant for Quiet Enjoyment |
A covenant by a lessor, “for the lessee’s quiet enjoyment of his term,” or a covenant of like import, shall have the same effect as a covenant that the lessee, … |
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36-4-15 |
Ch. 36 — ESTATES IN PROPERTY |
Covenants |
Covenant for Reentry for Default of Lessee |
If in a lease it be provided that “the lessor may reenter for default in the payment of rent or for the breach of covenants,” or if the lease contains words of … |
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36-4-16 |
Ch. 36 — ESTATES IN PROPERTY |
Covenants |
Covenants Shall Run With Land |
Each of the covenants hereinbefore mentioned in this article, as well as the covenant of seisin, when used in a conveyance of land, delivered after the date whe… |
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36-4-17 |
Ch. 36 — ESTATES IN PROPERTY |
Covenants |
Construction of Covenants |
The legal scope and effect of the covenants mentioned in this article, and the person or persons by and against whom such covenants may be enforced, shall be de… |
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37-1-1 |
Ch. 37 — REAL PROPERTY |
Lands of Infants, Insane Persons, or Convicts, and Lands Held in Trust |
Renewal of Lease by or to Persons Under Disability |
Where an infant, insane person, or convict is entitled to or bound to renew any lease, any person on behalf of such infant, insane person, or convict, or any pe… |
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37-1-2 |
Ch. 37 — REAL PROPERTY |
Lands of Infants, Insane Persons, or Convicts, and Lands Held in Trust |
Sale, Lease or Mortgage; Bill; Parties; Definition |
If the guardian of any minor, or the committee of any insane person or convict, think that the interest of the ward or insane person or convict will be promoted… |
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37-1-3 |
Ch. 37 — REAL PROPERTY |
Lands of Infants, Insane Persons, or Convicts, and Lands Held in Trust |
Guardian Ad Litem |
To every such infant or insane or convict defendant there shall be appointed a guardian ad litem who as well as the infant (if over fourteen years of age) shall… |
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37-1-4 |
Ch. 37 — REAL PROPERTY |
Lands of Infants, Insane Persons, or Convicts, and Lands Held in Trust |
Depositions |
No deposition shall be read in the suit against any infant or insane or convict party, except by leave of the court, unless it be taken in the presence of the g… |
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37-1-5 |
Ch. 37 — REAL PROPERTY |
Lands of Infants, Insane Persons, or Convicts, and Lands Held in Trust |
The Decree |
If it be clearly shown, independently of any admissions in the answers, that the interest of the infant, insane person, convict or beneficiaries in the trust, a… |
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37-1-6 |
Ch. 37 — REAL PROPERTY |
Lands of Infants, Insane Persons, or Convicts, and Lands Held in Trust |
Who Not to be Purchaser |
At such sale the guardian, or guardian ad litem, or committee, or trustee, shall not be a purchaser, directly or indirectly. |
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37-1-7 |
Ch. 37 — REAL PROPERTY |
Lands of Infants, Insane Persons, or Convicts, and Lands Held in Trust |
Investment of Proceeds |
The proceeds of sale shall be invested under the direction of the court, for the use and benefit of the persons entitled to the estate, and, in case of a trust … |
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37-1-8 |
Ch. 37 — REAL PROPERTY |
Lands of Infants, Insane Persons, or Convicts, and Lands Held in Trust |
Joinder of Spouse, or Sale Free of Dower |
When a decree or order is made under this article, or under article nine, chapter twenty–seven of this Code, for the sale or other conveyance of the real estate… |
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37-1-9 |
Ch. 37 — REAL PROPERTY |
Lands of Infants, Insane Persons, or Convicts, and Lands Held in Trust |
Release of Dower Under Order of Court; Conveyance Without Joinder of Spouse |
If the spouse of an infant or insane or convict husband or wife wish to sell real estate and to have the right of dower of such incompetent therein leased to th… |
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37-1-10 |
Ch. 37 — REAL PROPERTY |
Lands of Infants, Insane Persons, or Convicts, and Lands Held in Trust |
Proceeds of Sale to Descend as Lands |
What may be received under this article for the real estate of an infant or insane person, sold or divided, or so much thereof as may remain at his death intest… |
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37-1-11 |
Ch. 37 — REAL PROPERTY |
Lands of Infants, Insane Persons, or Convicts, and Lands Held in Trust |
Summary Proceedings for Sale, Lease or Mortgage; Petition |
In addition to the proceedings authorized by the second section of this article, the guardian of any minor, or the committee of any insane person or convict, if… |
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37-1-12 |
Ch. 37 — REAL PROPERTY |
Lands of Infants, Insane Persons, or Convicts, and Lands Held in Trust |
Guardian Ad Litem in Summary Proceeding |
For every such minor or insane person or convict the court shall appoint a guardian ad litem who must be present at the hearing of the summary proceeding mentio… |
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37-1-13 |
Ch. 37 — REAL PROPERTY |
Lands of Infants, Insane Persons, or Convicts, and Lands Held in Trust |
Order; Sale |
If it be clearly shown by the petition, exhibits, and evidence adduced, that the interest of the minor or insane person or convict will be promoted by the sale,… |
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37-1-14 |
Ch. 37 — REAL PROPERTY |
Lands of Infants, Insane Persons, or Convicts, and Lands Held in Trust |
Bond for Proceeds |
In case such sale or lease be made, the guardian or committee shall in open court enter into bond, with approved security, in penalty equal to double the value … |
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37-1-15 |
Ch. 37 — REAL PROPERTY |
Lands of Infants, Insane Persons, or Convicts, and Lands Held in Trust |
Application of Proceeds; Costs |
The provisions of section seven of this article shall govern as to the application of the proceeds of sale. The costs of the proceedings may be paid out of such… |
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37-1-16 |
Ch. 37 — REAL PROPERTY |
Lands of Infants, Insane Persons, or Convicts, and Lands Held in Trust |
Confirmation; Conveyance |
Whenever a sale, lease, mortgage or trust deed is ordered as herein provided, the court shall order the proceedings under such sale, lease, mortgage or trust de… |
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37-1-17 |
Ch. 37 — REAL PROPERTY |
Lands of Infants, Insane Persons, or Convicts, and Lands Held in Trust |
Validation of Previous Sales |
No sale of the real estate of an infant or insane person heretofore made and confirmed, under and by the judgment, order, or decree of a court of competent juri… |
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37-2-1 |
Ch. 37 — REAL PROPERTY |
Escheats |
When Property Shall Escheat |
Whenever any person shall die intestate and without any heir or next of kin, owning real estate or personal property within this State, the title of such deceas… |
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