27-32-4
Section 27-32-4 Delinquency proceedings - Commencement; grant or denial of application. The
commissioner shall commence any such proceedings by application to the court for an order
directing the insurer to show cause why the commissioner should not have the relief requested.
On the hearing of such order to show cause, the court shall either deny the application or
grant the application, together with such other relief as the nature of the case and the interests
of the policyholders, creditors, stockholders, members, subscribers, or the public may require.
(Acts 1971, No. 407, p. 707, §623.)...
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26-8-49
Section 26-8-49 Sale of property to effect removal thereof from state - Application for order
of sale. The application for such order of sale must be in writing, verified by affidavit,
must describe the property sought to be sold and must state the facts showing that the interest
of the minor or incapacitated person would be promoted by the proposed sale. (Code 1896, §2383;
Code 1907, §4473; Code 1923, §8246; Code 1940, T. 21, §118; Acts 1987, No. 87-590, p. 975,
§2-333(b).)...
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11-40-68
Section 11-40-68 Foreclosure sale; form of deed. (a) Following the hearing and order of the
court in accordance with Section 11-40-66, the court shall cause a sale of the real property
to be advertised and conducted by the court in a manner similar to that procedure contemplated
by Section 40-10-15. The sale shall not occur earlier than 45 days following the date of the
order of the court. (b) Except as otherwise authorized by law, the minimum bid price for the
sale of the real property shall be the redemption amount. (1) In the absence of any bid higher
than the minimum bid price, the court or its designee shall bid in for the real property on
behalf of the Class 2 municipality or its designee in an amount equal to the minimum bid price,
thereby causing the Class 2 municipality to become the purchaser at the sale pursuant to Section
11-40-66. (2) A bid in on behalf of the Class 2 municipality or its designee shall be tendered
as a credit bid for that part of the minimum bid price...
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6-5-151
Section 6-5-151 Order of abatement; sale of property. (a) If the existence of the nuisance
is admitted or established in an action as provided in this division, or in a criminal proceeding
in the circuit court, an order of abatement shall be entered as a part of the judgment in
the case, which shall direct the removal from the place of all personal property and contents
used in conducting the nuisance not already released under authority of the court as provided
in Sections 6-5-143, 6-5-145 through 6-5-148, and 6-5-150 and shall direct the sale of such
thereof as belonged to the defendants notified or appearing in the manner provided for the
sale of chattels under execution. (b) Such order shall also require the renewal for one year
of any bond furnished by the owner of the real property as provided in Section 6-5-148 or,
if not so furnished, shall continue for one year any closing order issued at the time of granting
the preliminary injunction or, if no such closing order was then...
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40-5-15
Section 40-5-15 Levy and sale of personal property - Application and disposition of proceeds.
The proceeds arising from such sale shall be applied to the payment of the expenses of the
sale and of the taxes, interest, and fees due from such taxpayer, and any balance remaining
shall be paid to the owner of the property, if present at the sale; if not present or if present
and he refuses to receive the same, the collector shall deposit such balance with the county
treasurer or, if there is no county treasurer, with such officer entrusted with the county
funds, taking a receipt therefor, and the same shall be kept as a special fund; and, whenever
the owner shall apply to the collector for such balance, the collector shall deliver to him
the receipts therefor, and upon presentation thereof by such owner, the officer with whom
such deposit was made shall pay to him the amount expressed in the receipt. But if such excess
is not called for in three years after such sale by the person entitled...
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6-9-121
Section 6-9-121 Death of levying officer prior to sale; proceedings if property not delivered
by representatives of deceased officer. (a) When the officer taking property under execution
shall die before the sale thereof, a writ of venditioni exponas shall issue directed to the
proper officer of the county in which the property was taken, and such officer shall, under
the writ of venditioni exponas, receive the property from the representatives of the former
sheriff or other officer, who are required to deliver the same to the officer having the venditioni
exponas, on his producing the same and executing a receipt for the property, and the officer
shall proceed to sell the same as in other cases. (b) If the representatives of the deceased
officer shall refuse or neglect to deliver the property or if there shall not be an executor
or administrator of his estate, the officer having the writ of venditioni exponas may seize
the property taken by the former officer, wherever it may be...
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27-32-16
Section 27-32-16 Conduct of delinquency proceedings - Foreign insurers. (a) Whenever under
this chapter an ancillary receiver is to be appointed in delinquency proceedings for an insurer
not domiciled in this state, the court shall appoint the commissioner as ancillary receiver.
The commissioner shall file a petition requesting the appointment on the grounds set forth
in Section 27-32-10: (1) If he finds that there are sufficient assets of the insurer located
in this state to justify the appointment of an ancillary receiver; or (2) If 10 or more persons,
resident in this state, having claims against such insurer, file a petition with the commissioner
requesting the appointment of such ancillary receiver. (b) The domiciliary receiver, for the
purpose of liquidating an insurer domiciled in a reciprocal state, shall be vested by operation
of law with the title to all of the property, contracts, and rights of action and all of the
books and records of the insurer located in this state, and...
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43-2-624
Section 43-2-624 How sale advertised and made. Such a sale must be advertised and made as sales
of personal property under the order of the court for the payment of debts. (Code 1852, §1797;
Code 1867, §2124; Code 1876, §2501; Code 1886, §2167; Code 1896, §235; Code 1907, §2718;
Code 1923, §5956; Code 1940, T. 61, §356.)...
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43-2-791
Section 43-2-791 Application for order for sale - Form and contents; verification; notice to
heirs and devisees. Such application shall be in writing, verified by affidavit, shall contain
an accurate description of the lands sought to be sold and shall set forth the names and places
of residence of the heirs or devisees and whether they are under or over the age of 19 years;
and the court shall give notice to such heirs or devisees of the filing of such application
and of the day appointed to hear the same by publication once a week for three successive
weeks in some newspaper published in the county or, if none is published therein, in the newspaper
published nearest to the courthouse of such county, by posting notice at the courthouse door
for the same length of time and by forwarding notices to those whose places of residence are
known. If any of the heirs or devisees are unknown, they may be made parties in the manner
provided by section 43-2-447. (Code 1886, §2259; Code 1896,...
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18-1A-270
Section 18-1A-270 Application to probate court for order of condemnation; bond or security
and affidavit not required of state or counties; authority from Governor to bring suit. The
State of Alabama, or any county, municipality, the University of Alabama, Auburn University,
the University of Montevallo or any corporation organized under the laws of this state, or
any person or association of persons, proposing to take lands, or to acquire an interest or
easement therein, for any uses for which private property may be taken, may, if there be no
other mode of proceeding prescribed by law, apply to the probate court of the county in which
such lands, or a material portion thereof, may be situate, for an order of condemnation thereof
to such uses. The state or any county may institute and maintain the proceedings herein authorized,
in its own name, without giving bond or security or causing affidavit to be made, though the
same may be required if the action were between private citizens....
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