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.
Structure Code of Alabama
Article 5 - Partition of Crops.
Section 35-6-110 - Crops Subject to Partition; by Whom Application Made.
Section 35-6-111 - Contents of Application.
Section 35-6-112 - Time for Hearing; Guardians Ad Litem.
Section 35-6-114 - When Sheriff Ordered to Take Possession of Crops; Forthcoming Bond.
Section 35-6-115 - Decree of Partition or Sale; Effect on Existing Liens.
Section 35-6-116 - Sale by Sheriff; Distribution of Proceeds by Probate Judge.
Section 35-6-118 - Sale When Partition Impracticable.
Section 35-6-119 - Replacement of Commissioners Upon Failure to Act.
Section 35-6-120 - Objections to Commissioners' Report; Confirming or Setting Aside Report.
Section 35-6-121 - Delivery of Shares.
Section 35-6-122 - Trial by Jury.
Section 35-6-123 - Costs and Fees.
Section 35-6-125 - Recordation of Papers.
Section 35-6-126 - Article Applicable to Assignees; Remedy Not Exclusive.