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43-2-254
Section 43-2-254 Enforcement of decree or judgment when administrator adversely interested.
When such administrator ad litem is appointed on account of the adverse interest of the executor
or administrator, and the decree or judgment is rendered against such executor or administrator,
no execution, writ of possession or other writ for the enforcement of the decree or judgment
shall issue thereon, but in such decree or judgment the court shall require the executor or
administrator to charge himself, as executor or administrator of the estate represented by
the administrator ad litem, with the money or property recovered of him by the administrator
ad litem; but when the decree or judgment is not against the executor or administrator, execution,
writ of possession, or other writ for the enforcement of the judgment or decree, shall issue
thereon in favor of such executor or administrator. (Code 1876, §2628; Code 1886, §2287;
Code 1896, §356; Code 1907, §2822; Code 1923, §6061; Code...
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43-2-508
Section 43-2-508 Satisfaction of claims. Any judge of probate, clerk or register of any circuit
court or officer of any other court in Alabama having jurisdiction of partial or final settlement
of estates of deceased persons shall be authorized to satisfy any claim legally filed against
such estates and recorded in the solvent docket book in the office of the probate court, when
satisfied from the evidence presented on a partial or final settlement that such claims have
been paid. Such satisfaction shall have the effect of notifying all interested parties that
evidence of payment of such debt has been filed in the court. For each such satisfaction,
the officer shall be paid a fee of $.25. A cancelled check for the amount claimed, properly
endorsed by the claimant, may be considered as proof of the payment of such claim, and further
proof of payment shall not be required. (Acts 1939, No. 68, p. 109; Code 1940, T. 61, §303;
Acts 1975, No. 1222, §1.)...
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5-19-19
Section 5-19-19 Liabilities of creditor making excess finance charge; failure to obtain license;
damages for deliberate violation or reckless disregard; written notice of violations; oral
statements not admissible; fiduciary duty not created. (a)(1)(i) Any creditor charging a finance
charge in excess of the amount authorized herein, except as specified in subdivision (2),
shall forfeit debtor's actual economic damages not to exceed the finance charge, and shall
refund to the debtor such amount of the actual economic damages, which may be done by reducing
the amount of the debtor's obligation. If the debtor is entitled to a refund and the creditor
refuses to refund within a reasonable time, not to exceed 60 days, after written demand, including
the filing of a legal action, the debtor shall recover a penalty of five times the amount
of the actual economic damages not to exceed the finance charge, but in any event not less
than one hundred dollars ($100). Provided, however, as to any...
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8-3-41
Section 8-3-41 Issuance of execution on judgment paid by surety; collection of money from principal
debtor or cosureties. (a) If a judgment is entered by any court against a principal debtor
and his surety, or against his sureties, and one or more of his sureties shall pay and satisfy
the judgment, the same shall be thereby transferred and assigned by operation of law to the
surety or sureties paying and satisfying it, who shall have all the liens and equities of
such judgment and of the debt or claim on which the same is founded which the creditor therein
had. (b) The surety, on making affidavit of his suretyship and of his having paid the judgment
and filing the affidavit and any evidence of such payment that he may hold with the officer
authorized to issue execution on the judgment to whom he may apply for execution, shall be
entitled to have execution issued on the judgment in the name of the plaintiff or complainant
for his use or in his own name against the other defendants...
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11-4-23
Section 11-4-23 Duties generally. It shall be the duty of the county treasurer: (1) To receive
and keep the money of the county and disburse the same as below stated: a. To pay out of the
general fund of the county, on presentation and without being audited and allowed by the county
commission, all grand and petit juror certificates and to pay all other claims against the
general funds that must be allowed and audited only after they have been audited and allowed
and a warrant has issued therefor, but only to the extent so allowed, any warrant to the contrary
notwithstanding, and in making payments from said fund he shall observe the order of preference
as prescribed by Section 11-12-15. b. To keep in well-bound books separate registers of claims
presented against the general fund, the special fund if any and the fine and forfeiture fund.
c. To number and register in the order in which they are presented all claims against the
general fund which have been audited and allowed by the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-4-23.htm - 4K - Match Info - Similar pages
2-10-32
Section 2-10-32 Order of board after hearing; appeal. The State Board of Agriculture and Industries,
upon any hearing provided for in this article, may require the commissioner to call a meeting
of the directors of the association and seek to work out a solution of conditions with them,
may order the conditions on which there may be a continuation of the operation of such association
or may require an agent appointed by the board or commissioner to take charge and reorganize
the association or wind its business up or may make such other order as it deems will best
protect the interest of the public. An appeal shall lie from the order of the board by any
person interested by filing bond with and to be approved by the register or clerk of the Circuit
Court of Montgomery County. The matter shall be heard de novo in such court; provided, that
the order of the board shall be presumed prima facie correct. Upon such hearing the court
shall issue an order sustaining or reversing the order of...
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28-4-288
Section 28-4-288 Execution of bond by defendant or claimant for recovery of seized vehicle,
etc., pending appeal; proceedings upon failure of bondsmen to deliver said vehicle, etc.,
upon affirmance of judgment upon appeal, etc. Whenever a conveyance, vehicle of any kind or
animal used in drawing the same is seized by an officer of the state under the prohibition
laws of this state and has been condemned by the circuit court that tried the action, the
defendant in the proceedings or the claimant of the property, pending an appeal to the Supreme
Court or Court of Civil Appeals, may, upon motion, have the court immediately appraise the
value of said property and of the several items separately and shall have the right to execute
a bond with two good sureties in double the appraised value of such property or of any item
or items thereof, to be approved by the clerk or register of the circuit court, conditioned,
in the event the appeal is affirmed or reversed and the conveyance, vehicle,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-288.htm - 2K - Match Info - Similar pages
35-11-211
Section 35-11-211 Priority of lien. (a) Such lien as to the land and buildings or improvements
thereon, shall have priority over all other liens, mortgages, or incumbrances created subsequent
to the commencement of work on the building or improvement. Except to the extent provided
in subsection (b) below, all liens, mortgages, and incumbrances (in this section, "mortgages
and other liens") created prior to the commencement of such work shall have priority
over all liens for such work. Enforcement of such lien of a mechanic, materialman, or other
person created by Section 35-11-210 (in this section, "mechanic or materialman lien")
shall not affect any prior mortgage or other lien, and the purchaser in connection with the
enforcement of such mechanic or materialman lien shall take the property subject to such prior
mortgages and other liens of which the purchaser has actual or constructive notice on the
date of the purchase. Foreclosure of any prior mortgage or other lien shall terminate...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-11-211.htm - 3K - Match Info - Similar pages
40-1-2
Section 40-1-2 Lien for taxes - Generally. (a) If any person liable to pay any tax, other than
ad valorem taxes, neglects or refuses to pay the same the amount, including any interest,
penalty, additional amount, or addition to such tax, together with any costs which may accrue
in addition thereto, shall be a lien in favor of the State of Alabama upon all property and
the rights to property, real or personal, belonging to such person. Unless another date is
specifically fixed by law, the lien shall arise at the time the assessment list, return therefor
or the payment thereof, as the case may be, was due to have been filed with or made to the
Department of Revenue or other agency of the state or county and shall continue until the
liability for such amount is satisfied or becomes unenforceable by reason of the lapse of
time. (b) Such lien shall not be valid against any mortgagee, purchaser in the usual course
of trade, or conventional judgment creditor with an actual money judgment of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-1-2.htm - 4K - Match Info - Similar pages
19-3-33
Section 19-3-33 Objections to claims - Time for hearing; notice. Within 30 days after the expiration
of the time allowed for filing objections to claims, the register or clerk must appoint a
time, not less than 20 nor more than 60 days thereafter, for the hearing of such objections
as have been filed; and of the nature of the objections and the time appointed for such hearing,
he must give notice to each person whose claim is contested, by citation to be served upon
him, his agent or attorney, or, if he be a nonresident and have no resident agent or attorney,
such citation must be sent by mail, postage prepaid, to such claimant at his post office address.
(Code 1896, §4165; Code 1907, §6067; Code 1923, §10404; Code 1940, T. 58, §21.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3-33.htm - 1K - Match Info - Similar pages
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