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35-4-130
Section 35-4-130 Lis pendens record. The judge of probate of each county in this state shall
keep in his office as a public record a suitable book, to be called a lis pendens record.
(Acts 1915, No. 77, p. 122; Code 1923, §6877; Code 1940, T. 47, §65.)...
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35-4-135
Section 35-4-135 Bona fide purchasers, etc., protected upon failure to record notice. If the
notice required by Sections 35-4-131 and 35-4-132 shall not be entered in the lis pendens
record, the action, proceeding, or application shall not affect the rights of a bona fide
purchaser, lessee, or mortgagee of any interest in such land or any person then or thereafter
asserting a lien against such land unless he or they have actual notice of the action, proceeding,
levy, or application. (Acts 1915, No. 77, p. 122; Code 1923, §6881; Code 1940, T. 47, §69;
Acts 1971, 3rd Ex. Sess., No. 181, p. 4441, §3.)...
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11-42-70
Section 11-42-70 Certification to probate judge of judgment of circuit court; endorsement on
map by probate judge. If there is an appeal from the judgment rendered by the probate judge
and, on the termination of such appealed action, it is adjudged that the property in controversy
is subject to city taxation, the clerk of the circuit court shall briefly certify to the judge
of probate that it has been adjudged that the property is subject to city taxation and thereupon
the judge of probate shall endorse upon the record of said map on the property in controversy
as shown on said map, "Adjudged subject to city taxation." (Code 1907, §1103; Code
1923, §1797; Code 1940, T. 37, §166.)...
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11-41-6
Section 11-41-6 Report of election result to probate judge; issuance and recordation of order
approving report and election result; vacancies; setting aside, etc., of elections; record
and costs of incorporation proceedings and elections. Within five days after such election,
inspectors shall report the result of the election to the judge of probate, who may enter
an order confirming and approving the election and report, and, in that event, the officers
shown by such report to have been elected shall, upon the recording of such order, be entitled
to hold office until the next general municipal election and until their successors are elected
and qualified. If any person fails to qualify within 30 days after he shall have been declared
elected, the judge of probate may appoint some person to fill such vacancy. The judge of probate
may, for fraud or material irregularities, set either of such elections aside and order another
election in like manner to be held by the same or other...
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12-13-43
of general direct and reverse indexes of instruments filed for record; liability of probate
judge for failure to comply with provisions of section. The probate judge of each county in
this state shall keep in his office four well-bound books of suitable size and grade of paper
in which to make a general direct and a general reverse index of each instrument filed for
record in his office, and two of said books shall be used for conveyances of real property
and two for conveyances of personal property and all other instruments entitled to
record in his office. In the general direct indexes he shall enter, in regular alphabetical
order, under appropriate title, the name of each maker of the instrument, the name of each
person to whom made, the date and character of such instrument and the date filed for record;
and, in the general reverse indexes, in like alphabetical order, under its appropriate title,
he shall enter the name of each person to whom the instrument is made, the...
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12-22-60
Section 12-22-60 Liability of clerk, register or probate judge for delayed or defective record.
If, by reason of negligence or delay of the clerk, register or probate judge, the record on
appeal is not delivered to the clerk of the appellate court in time to be filed or if the
record on appeal is so defective that the appellate court cannot proceed thereon, the clerk,
register or probate judge forfeits to the party aggrieved the sum of $200.00 and is further
liable to him, in an action on the case, for all damages sustained by his neglect or delay.
(Code 1852, §3028; Code 1867, §3496; Code 1876, §3937; Code 1886, §3636; Code 1896, §453;
Code 1907, §2850; Code 1923, §6109; Code 1940, T. 7, §772.)...
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22-52-10.6
Section 22-52-10.6 Petition for renewal of inpatient commitment order; probate court; special
judge; notice; hearing. (a) A petition for renewal of an inpatient commitment order may be
filed by the director of a state mental health facility or his designee at least 30 days prior
to the expiration of the current commitment order. The petition, together with a copy of the
original commitment order and copies of any subsequent renewal commitment orders, shall be
filed with the probate court of the county where the facility is located. The petition shall
explain in detail why renewal of the order is being requested, and shall further explain in
detail why less restrictive conditions of treatment are not appropriate. (b) Such probate
court may consider, hear, and enter appropriate orders pursuant to this section or may request
that the case be heard by a special judge of probate. (c) Whenever and wherever it shall become
necessary that a special judge of probate be provided to hear and...
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5-11A-34
Section 5-11A-34 Filing of affidavit in office of judge of probate; filing of notice of abandonment.
(a) Within a reasonable time after the date of a transfer of the fiduciary accounts in accordance
with the procedures set forth in Sections 5-11A-32 and 5-11A-33, the transferor shall file
an affidavit in the office of the judge of probate of the county in which the main office
of the transferor is located; and from time to time, the transferor may file a copy of such
affidavit in the office of the judge of probate in such other counties as the transferor may
deem appropriate. Such affidavit shall set forth the names and addresses of the transferor
and transferee, such identification of the fiduciary accounts transferred as the transferor
may deem appropriate, and such other information as the transferor may deem desirable. (b)
In the event that notice of objection to the transfer is received by the transferor after
the filing of record of the original affidavit with respect to the...
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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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11-42-66
Section 11-42-66 Appeals from judgment of probate judge - Filing; security for costs; right
to jury trial. The property holders of the city shall have the right to appeal from the judgment
of the judge of probate to the circuit court of the county in which the land is situated,
within 10 days from the rendition of the judgment by the judge of probate, the property owner
giving security for cost of appeal, to be approved by the judge of probate, if the appeal
is taken by the property owner. On an appeal taken by either party, the action shall be entered
on the trial docket and tried de novo in the circuit court, without a jury unless a trial
by jury is demanded by the party taking the appeal by serving upon the other party a demand
therefor in writing not less than 10 days after filing the notice of appeal or unless a trial
by jury is demanded by the other party in the action by serving a demand therefor in writing
upon the other party within 10 days from the time that notice of such...
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