35-4-93
Section 35-4-93 Marriage settlements. Personal property conveyed in consideration of marriage,
when the possession remains with the husband or the husband and wife, must be taken as the
property of the husband, in favor of purchasers without notice and creditors, unless such
conveyance is recorded in the county of the husband's residence, within 12 months after such
possession commenced in this state; and, if the husband removes to another county, within
four months after such removal. (Code 1852, §1293; Code 1867, §1563; Code 1876, §2172;
Code 1886, §1816; Code 1896, §1011; Code 1907, §3388; Code 1923, §6892; Code 1940, T.
47, §125.)...
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43-2-445
Section 43-2-445 Notice and hearing generally; time for hearing; appointment of guardian ad
litem. (a) The court must appoint a day, not less than 30 days from the time of making such
application, for the hearing thereof, and must appoint a proper person, not a petitioner or
of kin to a petitioner, as a guardian ad litem, to represent the minors or persons of unsound
mind, if any there be, and must issue a citation to the heirs or devisees of full age, and
residing in this state, notifying them of the application, and the day appointed for hearing
the same, which must be served on them 10 days before the day appointed for the hearing. (b)
If such application be for the sale of land for the payment of debts, notice must also be
given by publication, once a week for three successive weeks, in some newspaper published
in the county, or by posting up notice at the courthouse door and three other public places
in the county, at the discretion of the court. If no newspaper is published in...
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43-2-555
Section 43-2-555 Stating account or compelling settlement by attachment. If such outgoing executor
or administrator or, if dead, his personal representative or, in case of his removal from
the state, his sureties fail to make settlement within the time required by this division,
the court may, of its own motion or on the application of any party in interest, compel him
or his sureties to do so by attachment, or may state the account against him or his sureties
from the materials on file or such other information as may be accessible to the court, charging
him or his personal representative or his sureties with such assets as may have come into
the hands of such executor or administrator. (Code 1852, §1881; Code 1867, §2234; Code 1876,
§2592; Code 1886, §2178; Code 1896, §246; Code 1907, §2697; Acts 1923, No. 492, p. 655;
Code 1923, §5930; Code 1940, T. 61, §325.)...
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6-6-7
Section 6-6-7 Arbitrators - Power to subpoena witnesses, administer oaths and take depositions.
The arbitrators, or either of them, have power to subpoena witnesses at the request of either
of the parties and to administer all oaths which may be necessary in the progress of the case
and must, on the application of either party, issue commission to take the deposition of any
witness residing out of the county, which must be taken in the same manner as depositions
in the circuit court. (Code 1852, §2717; Code 1867, §3156; Code 1876, §3544; Code 1886,
§3229; Code 1896, §516; Code 1907, §2916; Code 1923, §6164; Code 1940, T. 7, §837.)...

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6-9-83
Section 6-9-83 Levy on property of principal first if execution against sureties. When execution
issues against two or more persons, any of whom were sureties on the contract before the judgment,
the sheriff must levy on the property of the principal first, if any can be found in the county,
on the application of such surety; and he may require of the surety affidavit of the fact
of suretyship, which he must file with the execution. (Code 1852, §2448; Code 1867, §2862;
Code 1876, §3200; Code 1886, §2909; Code 1896, §1907; Code 1907, §4112; Code 1923, §7827;
Code 1940, T. 7, §539.)...
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6-9-87
Section 6-9-87 Sale of levied property - Notice. In sales of personal property, notice must
be given by advertisement at the courthouse door and also by publication in a newspaper, if
one is published in the county, for 10 days previous to such sale, but only one insertion
in such newspaper shall be necessary. In sales of real property, the publication in such newspaper
must be once a week for three successive weeks and by posting up notice for 30 days at the
courthouse door previous to the sale. (Code 1852, §2447; Code 1867, §2861; Code 1876, §3199;
Code 1886, §2908; Code 1896, §1906; Code 1907, §4110; Code 1923, §7825; Code 1940, T.
7, §536.)...
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10A-3-2.44
Section 10A-3-2.44 Assertion of lack of capacity or power; defense of ultra vires No act of
a nonprofit corporation and no conveyance or transfer of real or personal property to or by
a nonprofit corporation shall be invalid by reason of the fact that the corporation was without
capacity of power to do an act or to make or receive a conveyance or transfer, but lack of
capacity of power may be asserted: (1) In a proceeding by a member or a director against the
nonprofit corporation to enjoin the doing or continuation of unauthorized acts, or the transfer
of real or personal property by or to the nonprofit corporation. If the unauthorized acts
or transfer sought to be enjoined are being, or are to be, performed pursuant to any contract
to which the nonprofit corporation is a party, the court may, if all of the parties to the
contract are parties to the proceeding and if it deems the same to be equitable, set aside
and enjoin the performance of the contract, and in so doing may allow to...
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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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23-1-92
Section 23-1-92 Advertisement for contract bids - Requirement. No contract where the estimated
cost of the work will exceed $250.00 shall be made except after advertisement for 30 days
in some newspaper published in the county, describing the character of the work to be done
and the time and place of letting, and then only to the lowest reasonable and responsible
bidder for such work, who shall enter into bond in double the amount of such bid, conditioned
for the proper performance of such contract according to the plans and specifications and
within the time prescribed by the order of the county commission of such work, which bond
shall be approved by the judge of probate of said county. Where the estimated cost of the
work exceeds $2,500.00, advertisement as above must also be made in a daily paper published
in this state of at least 5,000 daily circulation once a week for 30 days. The county commission
shall have the right to reject any or all bids. (Code 1923, §1361; Acts 1927,...
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35-4-65
Section 35-4-65 When conveyance receivable in evidence. Conveyances of property, real or personal,
or any interest therein, whether absolute or on condition, which are acknowledged or proved
according to law and recorded may be received in evidence in any court without further proof;
and, if it appears to the court that the original conveyance has been lost or destroyed or
that the party offering a transcript had not the custody or control thereof, the court must
receive the transcript, duly certified, in the place of the original, unless the reputed maker
is in bona fide possession of the property and makes and files an affidavit that the said
conveyance is a forgery. (Code 1852, §1275; Code 1867, §1544; Code 1876, §2154; Code 1886,
§1798; Code 1896, §992; Code 1907, §3374; Acts 1909, No. 9, p. 14; Code 1923, §6861; Code
1940, T. 47, §104.)...
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