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10A-20-8.09
Section 10A-20-8.09 Averments as to loans from parent organization; judgment to provide for
repayment and lien for unsecured loans. The complaint in any action authorized by this article
shall state whether or not the local organization obtained from the parent organization or
any of its affiliated organizations a loan or grant of funds with which to defray, in whole
or in part, the cost of constructing or acquiring any of the buildings or real estate included
in the fraternal property sought to be withdrawn, and if the loan or grant was obtained within
20 years prior to filing the complaint, then it shall aver the amount thereof and the date
the loan or grant was obtained and whether, if it be a loan, it is secured by a lien instrument.
If the court grants the right to withdraw as requested in the complaint and further grants
a confirmation of title to property in the local organization, free of the trust clause, it
shall determine the amount of the unsecured loan or grant and that...
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11-48-41
Section 11-48-41 Appeals to circuit court from assessments - Conduct generally; right of jury
trial; entry of judgment and assessment of costs generally. The civil action may be tried
on the record without other pleadings, and the court shall hear all objections of the property
owners to said assessment and the amount thereof and shall determine whether or not such assessment
exceeds the increased value of such property by reason of the special benefits derived from
the improvement, and shall enter judgment accordingly. Such civil action shall be tried by
the judge without a jury, unless a jury trial is demanded at the time of filing appeal, in
which event the action shall be tried by a jury as in other civil actions. In the event the
court or jury shall not sustain the assessment for the full amount, the costs of the appeal
and trial in the circuit court shall be adjudged against the municipality. (Code 1907, §1394;
Code 1923, §2209; Acts 1927, No. 639, p. 753; Code 1940, T. 37,...
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11-53B-9
Section 11-53B-9 Sale of property upon default. (a) Any property owner, notwithstanding his
or her default, may pay the assessment lien with interest and all costs if tendered before
a sale of the property. (b) The cost of any notice and sale resulting from a default on paying
an assessment shall constitute a charge against the property to be sold and shall be retained
out of the proceeds of the sale. (c) The officer making the sale shall execute a deed to the
purchaser, which shall convey all the rights, title, and interest which the party against
whose property the assessment was made had or held in the property at the date of making the
assessment or on the date of making the sale. Any surplus arising from the sale shall be paid
to the city or municipal treasurer to be kept as a separate fund by the treasurer for the
owner upon the responsibility of his or her official bond. The municipality may, by its agents,
purchase real estate sold as provided under this chapter and, in the...
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18-1A-292
Section 18-1A-292 Distribution of award - Proceedings when claims not filed and court doubtful
as to proper distribution; assertion of adverse claim or title involving determination of
title to land. The probate court may, in the event no such claims are filed by any of such
parties and where the probate court is doubtful as to a proper division, require the parties
in interest to propound their claims and to hear evidence upon the same in order that the
probate court may determine to what part or proportion of said award each of said parties
may be rightly entitled. No division or partition for distribution shall be made by the probate
court under this section when any adverse claim or title is asserted by any one of the interested
parties, which involves the determination of the title to land, and the procedure for partition
or distribution under this section shall follow as near as may be the manner provided for
the partition of property in chapter 6 of Title 35; except, that no...
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41-16A-5
Section 41-16A-5 Permissible contract provisions; general and limited obligation distinction
may be made; allowable pledge payment sources; classification of entity's contracting and
contracts. (a) Alternative financing contracts may be for such term, provide for such renewal
or extension options, provide for such terminating events, provide for the payment of such
rentals, purchase installments, purchase price, and other amounts, and contain such other
terms, provisions, and conditions as the governmental entity shall deem appropriate, and without
limitation to the generality of the foregoing, may contain terms and conditions substantially
similar to any one or more of the following: (1) Provisions for the automatic renewal of the
alternative financing contract for one or more successive periods unless affirmative action
is taken by the governmental entity to terminate such alternative financing contract, and,
if desired, specifying the nature of such affirmative action sufficient to...
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43-2-837
Section 43-2-837 Duty of personal representative; possession of estate. Except as otherwise
provided by a decedent's will, every personal representative has a right to, and shall take
possession or control of, the decedent's property, except that any real property or tangible
personal property may be left with or surrendered to the person presumptively entitled thereto
unless or until, in the judgment of the personal representative, possession of the property
by the personal representative will be necessary for purposes of administration. A request
in writing by a personal representative for delivery of any property possessed by an heir
or devisee is conclusive evidence, in any action against the heir or devisee for possession
thereof, that the possession of the property by the personal representative is necessary for
purposes of administration. The personal representative shall pay taxes on, receive the income
therefrom, and pay the expenses reasonably necessary for the management,...
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43-8-253
Section 43-8-253 Effect of homicide on intestate succession, wills, joint assets, life insurance
and beneficiary designations; effect of bona fide purchase by third party or good faith payment
by obligor, etc. (a) A surviving spouse, heir or devisee who feloniously and intentionally
kills the decedent is not entitled to any benefits under the will or under articles 3 through
10 of this chapter, and the estate of decedent passes as if the killer had predeceased the
decedent. Property appointed by the will of the decedent to or for the benefit of the killer
passes as if the killer had predeceased the decedent. (b) Any joint tenant who feloniously
and intentionally kills another joint tenant thereby effects a severance of the interest of
the decedent so that the share of the decedent passes as his property and the killer has no
rights by survivorship. This provision applies to joint tenancies with the right of survivorship
and tenancies in common during the respective lives of the...
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6-5-272
Section 6-5-272 Conviction or plea of guilty not prerequisite to suit; letter of demand for
remittance. (a) A conviction or a plea of guilty to the criminal offense of theft of property
as defined in Title 13A, Chapter 8, is not a prerequisite to the bringing of a civil suit,
obtaining a judgment, or collecting that judgment under this article. (b) The fact that a
merchant may bring a civil action against an individual as provided in this article shall
not limit the right of the merchant to demand, in writing as set out in subsection (c) below,
that a person who is liable for damages and penalties under this article remit the damages
and penalties prior to the consideration of the commencement of any legal action. (c) The
demand letter must be prepared and include the following: On (insert date), you were apprehended
for taking possession of, without paying for, merchandise belonging to (name of retailer/merchant).
Under Alabama statute, a retailer/merchant is granted a civil cause of...
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6-6-543
Section 6-6-543 Trial by jury or determination by court; entry and effect of judgment. Upon
the application of either party in a proceeding under Section 6-6-540, a trial by jury shall
be directed to determine the issues or any specified issue of fact presented by the pleadings,
and the court is bound by the result, but may, for sufficient reasons, order a new trial thereof;
and when a trial by jury is not requested, or as to the facts for which the same is not requested,
the court shall consider and determine any title, claim, interest, or encumbrance. The court
shall, upon the finding of the jury or upon such consideration and determination, finally
adjudge whether the defendant has any right, title, or interest in, or encumbrance upon, such
lands, or any part thereof, what such right, title, interest, or encumbrance is and in or
upon what part of the lands the same exists; and such judgment is binding and conclusive upon
all the parties to the action. (Code 1896, §812; Code 1907,...
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7-9A-614
Section 7-9A-614 Contents and form of notification before disposition of collateral: Consumer-goods
transaction. In a consumer-goods transaction, the following rules apply: (1) A notification
of disposition must provide the following information: (A) the information specified in Section
7-9A-613(1); (B) a description of any liability for a deficiency of the person to which the
notification is sent; (C) a telephone number from which the amount that must be paid to the
secured party to redeem the collateral under Section 7-9A-623 is available; and (D) a telephone
number or mailing address from which additional information concerning the disposition and
the obligation secured is available. (2) A particular phrasing of the notification is not
required. (3) The following form of notification, when completed, provides sufficient information:
Name and address of secured party Date NOTICE OF OUR PLAN TO SELL PROPERTY Name and address
of any obligor who is also a debtor Subject: ___...
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