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30-4-36
Section 30-4-36 Disposal of interest in real estate by spouse of insane person - Effect of
judgment. Upon the entering of the judgment authorizing a married person whose spouse is insane
to sell, convey, mortgage or otherwise dispose of real estate as if single, such married person
shall have the right to sell, convey, mortgage or otherwise dispose of any or all interests
in real estate as if single for a period specified in said judgment. (Acts 1933, Ex. Sess.
No. 151, p. 141; Acts 1935, No. 394, p. 865; Code 1940, T. 34, §87.)...
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30-4-32
Section 30-4-32 Disposal of interest in real estate by spouse of insane person - Power of circuit
court to authorize. The circuit court may authorize a married person whose spouse is insane
to sell, convey, mortgage or otherwise dispose of any interest owned in real estate as if
such married person were single. (Acts 1933, Ex. Sess., No. 151, p. 141; Acts 1935, No. 394,
p. 865; Code 1940, T. 34, §83.)...
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30-4-34
Section 30-4-34 Disposal of interest in real estate by spouse of insane person - Entry of judgment.
If upon the hearing of the evidence the court is of the opinion that the authority sought
to sell, convey, mortgage or otherwise dispose of real estate as if single should be granted,
the court shall enter judgment granting such authority for such a period of time as the court
deems proper. (Acts 1933, Ex. Sess., No. 151, p. 141; Acts 1935, No. 394, p. 865; Code 1940,
T. 34, §85.)...
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6-10-38
Section 6-10-38 Contest of exemption claim - Proceedings when homestead found to exceed value
or area allowed. (a) If, on the trial of a contest of a claim of homestead exemption, it is
found that the homestead as claimed exceeds $5,000 in value (or if a husband and wife have
both claimed the exemption to which each is entitled, $10,000), or 160 acres in area, the
court shall forthwith issue an order to the sheriff, returnable in 30 days thereafter, commanding
him to summon three disinterested householders or freeholders of the county in which the homestead
is situated, who, after having been sworn by the sheriff or some officer authorized to administer
oaths to faithfully discharge their duty, shall, if practicable, set off and allot, by metes
and bounds, the homestead exempt to the defendant from levy and sale under process, having
regard both to the quality and value of the real estate and to the selection of the defendant
and taking land most contiguous to the dwelling, and...
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6-10-3
Section 6-10-3 Homestead exemption - Alienation by married person. No mortgage, deed or other
conveyance of the homestead by a married person shall be valid without the voluntary signature
and assent of the husband or wife, which must be shown by his or her examination before an
officer authorized by law to take acknowledgments of deeds, and the certificate of such officer
upon, or attached to, such mortgage, deed, or other conveyance, which certificate must be
substantially in the form of acknowledgment for individuals prescribed by Section 35-4-29.
(Code 1876, §2822; Code 1886, §2508; Code 1896, §2034; Code 1907, §4161; Code 1923, §7883;
Acts 1931, No. 116, p. 183; Code 1940, T. 7, §626; Acts 1951, No. 83, p. 300.)...
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6-10-85
Section 6-10-85 How exemption in lieu of homestead claimed and set apart. When an exemption
of real estate in lieu of homestead is claimed under Section 6-10-61, a petition in writing,
duly verified by oath, must be filed by, or on behalf of, the surviving spouse and minor child
or children, or either, as the case may be, in the probate court having jurisdiction of the
administration of the estate, setting forth the facts authorizing such exemption, describing
the real estate out of which the exemption is claimed and stating its value. Thereupon the
court shall appoint three commissioners who shall set off and allot the same by metes and
bounds; and, within 10 days thereafter, they shall make a written report to the court of the
exemption set off and allotted by them. (Code 1886, §2553; Code 1896, §2083; Code 1907,
§4210; Code 1923, §7932; Code 1940, T. 7, §675.)...
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40-10-20
Section 40-10-20 Certificates of purchase - When land bid in for state. For the real estate
bid off for the state in each case the judge of probate shall make out a certificate of purchase
to the state of like import to the one provided for in Section 40-10-19 and deliver the same
to the tax collector who shall, on final settlement, deliver all certificates received by
him from the judge of probate to the Comptroller, who shall examine carefully all certificates
of purchase of real estate where the same were bid in for the state at tax sale. When the
same are received by him and if, in his opinion, such sale was erroneous for want of regularity,
proper or sufficient description, error in advertising or for any other cause that may appear
from such certificates, he shall so declare it and return the certificate to the judge of
probate and charge the account of the officer making the error with all taxes, interests,
fees, and costs involved in said sale. The Comptroller shall notify the...
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35-4-51
Section 35-4-51 What instruments admitted to record; filing as notice of contents; section
cumulative. Except as may be otherwise provided by the Uniform Commercial Code, all deeds,
mortgages, deeds of trust, bills of sale, contracts, or other documents purporting to convey
any right, title, easement, or interest in any real estate or personal property and all assignments
of mortgages, deeds of trust, or other securities for debt or extension agreements with respect
thereto, when executed in accordance with law, shall be admitted to record in the office of
the probate judge of any county. Their filing for registration shall constitute notice of
their contents. This section shall not be construed as superseding or repealing any other
laws effective in Alabama relative to the subject matter in this article, but shall be held
and construed to be cumulative. (Acts 1927, No. 442, p. 496; Code 1940, T. 47, §95; Acts
1965, No. 549, p. 811.)...
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22-9A-7
Section 22-9A-7 Registration of births. (a) A certificate of birth for each live birth that
occurs in this state shall be filed with the Office of Vital Statistics, or as otherwise directed
by the State Registrar, within five days after the birth and shall be registered if it has
been completed and filed in accordance with this section. (b)(1) When a birth occurs in an
institution or en route to the institution, the person in charge of the institution or his
or her designated representative shall obtain the personal data, prepare the certificate,
secure the signatures required, and file the certificate as directed in subsection (a) or
as directed by the State Registrar within the required five days. The physician or other person
in attendance shall provide the medical information required by the certificate and certify
to the facts of birth within 72 hours after the birth. If the physician, or other person in
attendance, does not certify to the facts of birth within the 72-hour period,...
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6-2-41
Section 6-2-41 Limitations on claims to charge real estate with debts and obligations of decedent.
(a) The real estate of persons dying testate or intestate shall, as against the rights of
mortgagees or purchasers for value from the heirs or devisees, be forever discharged from
the payment of all legal and equitable debts and obligations unless the persons, including
minors and insane persons, owning such debts or benefited by said obligations shall within
the time allowed by law, but in no event more than two years from the death of the deceased,
file in the probate court of the county where said property is located a verified claim showing
the nature and amount of said debts and obligations. (b) Wherever there has been no executor
or administrator appointed, then the person owning said debt or benefited by said obligation
must, within three months after filing said claim, cause letters testamentary or of administration
to be issued and proceed to subject said land to said debts or...
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