2006 Alabama Code - Section 19-3-171 — Sale of land held under trust deed.

In all cases where real estate is held by a trust created by deed and by reason of a change of circumstances, or in the condition of such real estate since the creation of such trust, the execution thereof in exact accordance with the terms of such deed has or shall become impossible or must necessarily fail to secure the objects manifestly intended by the grantor in said deed, the circuit court in the county wherein such real estate is situated may, on the complaint of the trustee or any party beneficially interested in the trust, order the sale of said real estate, or any part thereof, and the investment of the proceeds, either in other real estate or as trust funds generally may be by law invested, for the benefit of the party beneficially interested in such trust, in such manner as said court may deem the most proper to secure the object for which said trust was originally created, as near as may be, according to the intent of the original grantor appearing in the original deed. All parties interested in said real estate, by reason of said trust or as reversioners, shall be made parties to any action brought under this section.

(Code 1923, §10438; Code 1940, T. 58, §57.)