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35-4-322
Section 35-4-322 Application to compel conveyance - Contents; notice generally; decree; appeals.
Such application must be by petition, setting out the contract or agreement, the lands to
be conveyed and stating the names of the heirs and personal representatives of the contracting
party, which of them are of full age and which are minors; and the judge of probate must give
notice of such petition by 20 days' written notice to the personal representative and resident
heirs of the contracting party, to be served by any sheriff and, if any one or more are nonresidents,
by publication in some newspaper published in his county and in the county in which the lands
lie; or, if none is published therein, the paper published in the place nearest to the county
site of such county, once a week for three successive weeks; and if, on the hearing of such
application, it appears that such agreement or contract was fairly made and the consideration
or conditions of the same paid or performed, such...
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11-41-2
Section 11-41-2 Notice of filing; determination of statutory compliance; objections; ordering
and notice of election; contest of election. (a) Upon the filing of the verified application
with the judge of probate, the judge of probate shall give notice of the filing of the application
by publication in one or more newspapers published in the county, if there are any, that an
application to the judge of probate has been submitted and that the judge of probate will
determine if the application complies with Section 11-41-1, and that further notice will be
given for the filing of any objections. (b) The judge of probate shall have a reasonable period
of time, not to exceed 45 days, within which to ascertain compliance with Section 11-41-1.
If the judge of probate determines that the application does not comply with Section 11-41-1,
the judge of probate shall enter an order to that effect, which order shall be sent in accordance
with the Alabama Rules of Civil Procedure. The order shall...
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36-19-15
Section 36-19-15 Lien for expenses of repair, etc., paid by Fire Marshal. The expense so paid
by the Fire Marshal shall be a lien on the property, including the real estate on which the
property is located. Such lien shall be superior and prior to all other liens on such property
except the lien for taxes assessed and due the state, county and municipality wherein said
property is located and vendor's lien, and the Fire Marshal shall institute legal proceedings
within 30 days after such payment to enforce said lien in any court of record, and the Fire
Marshal may enjoin one or more parties occupying the same or different premises in the same
action. In order to make the lien against said property valid and binding, the Fire Marshal,
his deputies or assistants shall immediately upon serving the order provided in this article
upon any party or parties file a copy of said order in the probate judge's office of the county
wherein said property is located and cause the same to be...
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40-7-23
Section 40-7-23 Assessment of escaped taxes; avoidance of penalty; notice and collection. (a)
Whenever the tax assessor, county revenue commissioner, or other assessing official shall
discover that any property, including any improvements on real estate assessed as vacant property,
has escaped taxation in any assessment within five years next preceding the current year,
he shall list, return, and value said property for assessment for the years during which same
has escaped taxation and shall also endorse on such returns the year or years for which the
property has escaped taxation and, except as provided in subsection (b) hereinafter, the accrual
of a penalty of 10 percent of the taxes assessed thereon for each year. (b) Any taxpayer who
escaped assessment of tangible personal property for taxable years ending on or before September
30, 1988 shall not have accrued to his account the 10 percent penalty, provided: (1) He files
a proper tax return and assesses such property not later...
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45-49-85.42
Section 45-49-85.42 Temporary judges of probate. (a)(1) If the regularly elected Judge of Probate
of Mobile County is incompetent from any legal cause, incapacitated, absent or will be absent
from sickness, or otherwise disqualified from acting as judge, the judge of probate or the
chief clerk shall certify the fact of incompetency, incapacity, absence, sickness, or disqualification
to the presiding judge of the circuit court of the county and the presiding judge of the circuit
court, upon that certificate, shall appoint a person learned in the law, practicing and residing
in the county, to act as temporary judge of probate. At any time when the regularly elected
judge of probate of the county files a certificate in the office of the circuit clerk of the
county that he or she is no longer incompetent, from any legal cause, incapacitated, absent,
absent from sickness, or otherwise disqualified from acting as judge, then the regularly elected
judge of probate of the county shall...
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6-6-463
Section 6-6-463 Disposition of claims of other persons suggested by garnishee. (a) When the
garnishee, by his answer as originally filed or by any supplemental answer thereafter, alleges,
at any time before final judgment against him, that he has been notified that another person
claims title to, or an interest in, the debt, demand, money, or effects which, by his answer,
he has admitted to be due or owing or to be in his possession, the clerk must issue notice
to the suggested claimant to appear within 30 days after service of the notice and propound
his claim and contest with the plaintiff the right to such debt, demand, money or effects.
(b) If he appears, he must be required to propound his claim in writing and make oath thereto,
upon which the plaintiff must take issue in law or in fact, and the issue in fact must be
tried by a jury, if required by either party. If the issue is found for the plaintiff, judgment
must be entered against the garnishee on his answer or, if for the...
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12-22-21
Section 12-22-21 Other orders, judgments, or decrees. Appeal from the order, judgment or decree
of the probate court may be taken by the party aggrieved to the circuit court or Supreme Court
in the cases hereinafter specified. Appeals to the Supreme Court shall be governed by the
Alabama Rules of Appellate Procedure, including the time for taking an appeal. Appeal to the
circuit court in such cases shall be within the time hereinafter specified: (1) From the decree,
judgment or order on a contest as to the validity of a will, to be taken within 42 days after
the determination of the contest; (2) From the decree, judgment or order on an application
claiming the right to execute a will or administer an estate, to be taken within 42 days after
the hearing and decision of such application, unless the application was denied because the
applicant was deemed unfit to serve by reason of a conviction of an infamous crime or by reason
of improvidence, intemperance or want of understanding, in...
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11-40-65
Section 11-40-65 Filing petition for foreclosure; form of petition; notice. (a) After a municipal
code lien has been recorded with the office of the probate judge of the county in which the
real property lies, the Class 2 municipality may identify those properties on which to commence
a judicial in rem foreclosure in accordance with this article, except that those properties
the Class 2 municipality identifies as owner occupied shall not be subject to judicial in
rem foreclosure under this article. The Class 2 municipality shall not file a petition for
judicial in rem foreclosure in accordance with this article for a period of six months following
the date upon which the municipal code lien is recorded in the office of the probate judge.
A petition for judicial in rem foreclosure may include any other municipal code lien that
has been filed prior to the date the petition is filed. After enforcement proceedings have
commenced in accordance with this article, the enforcement proceedings...
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6-5-4
Section 6-5-4 Recovery of public moneys, funds or property. (a) The Governor may cause actions
to be commenced for the recovery of any public moneys, funds, or property of the state or
of any county which have been lost by the neglect or default of any public officer, which
have been wrongfully expended or disbursed by such officer, which have been wrongfully used
by such officer, or which have been wrongfully received from him. (b) In the event any public
officer or agent of the state or any depositary or custodian of public funds or moneys has
wrongfully used such funds or moneys, actions for the recovery thereof may be commenced before
any court having jurisdiction of the subject matter; and it shall not be ground of objection
to such an action that either, any, or all of the parties defendant do not reside within the
county or within the district in which such action is commenced. (c) Such action may be commenced
in any court of competent jurisdiction; and such officer or agent,...
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25-4-95
Section 25-4-95 Appeals from final decisions of board of appeals or appeals tribunal. Within
30 days after the decision of the board of appeals has become final, any party to the proceeding
including the secretary who claims to be aggrieved by the decision may secure a judicial review
thereof by filing a notice of appeal in the circuit court of the county of the residence of
the claimant; except, that if the claimant does not reside in this state at the time the appeal
is taken, the notice of appeal shall be filed in the circuit court of the county in this state
in which the claimant last resided, or in the circuit court of the county in this state wherein
the claimant last worked. In such action, the notice of appeal need not be verified, but shall
state the grounds upon which a review is sought. A copy shall be served upon the secretary
or upon such person as the secretary may designate (and for the purpose hereof, mailing a
copy addressed to the secretary at Montgomery by registered...
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