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8-1-45
Section 8-1-45 Imposition of penalty or liquidation of damages not bar to specific performance.
A contract otherwise proper to be specifically enforced may be thus enforced, though a penalty
is imposed or the damages are liquidated for its breach and the party in default is willing
to pay the same. (Code 1923, §6832; Code 1940, T. 9, §54.)...
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11-53B-9
Section 11-53B-9 Sale of property upon default. (a) Any property owner, notwithstanding his
or her default, may pay the assessment lien with interest and all costs if tendered before
a sale of the property. (b) The cost of any notice and sale resulting from a default on paying
an assessment shall constitute a charge against the property to be sold and shall be retained
out of the proceeds of the sale. (c) The officer making the sale shall execute a deed to the
purchaser, which shall convey all the rights, title, and interest which the party against
whose property the assessment was made had or held in the property at the date of making the
assessment or on the date of making the sale. Any surplus arising from the sale shall be paid
to the city or municipal treasurer to be kept as a separate fund by the treasurer for the
owner upon the responsibility of his or her official bond. The municipality may, by its agents,
purchase real estate sold as provided under this chapter and, in the...
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2-10-65
Section 2-10-65 Marketing contracts. The association and its members may make and execute marketing
contracts, requiring the members to sell, for any period of time not over 10 years, all or
any specified part of their agricultural products or specified commodities exclusively to
or through the association or any facilities to be created by the association. The contract
may provide that the association may sell or resell the products of its members, with or without
taking title thereto, and pay over to its members the resale price, after deducting all necessary
selling, overhead and other costs and expenses, including interest on preferred stock, not
exceeding eight percent per annum, and reserves for retiring the stock, if any, and other
proper reserves and interest not exceeding eight percent per annum upon common stock or other
items deemed proper. The bylaws and the marketing contract may fix, as liquidated damages,
specified sums to be paid by the member or stockholder to the...
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40-10-29
Section 40-10-29 Deeds - Delivered to purchaser. After the expiration of three years from the
date of the sale of any real estate for taxes, the judge of probate then in office must execute
and deliver to the purchaser, other than the state, or person to whom the certificate of purchase
has been assigned, upon the return of the certificate, proof that all ad valorem taxes have
been paid, and payment of a fee of five dollars ($5) to the judge of probate, a deed to each
lot or parcel of real estate sold to the purchaser and remaining unredeemed, including therein,
if desired by the purchaser, any number of parcels, or lots purchased by him at such sale;
and such deed shall convey to and vest in the grantee all the right, title, interest and estate
of the person whose duty it was to pay the taxes on such real estate and the lien and claim
of the state and county thereto, but it shall not convey the right, title or interest of any
reversioner or remainderman therein. (Acts 1935, No. 194,...
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40-10-80
Section 40-10-80 Judgment when party claiming adversely to tax title has made payment or tender.
If, in any action brought to recover the possession of lands sold for taxes by or against
the purchaser or other person claiming under him, it is shown that the party claiming adversely
to the tax title, being entitled to redeem, made within the time allowed for redemption the
payment required by law for the redemption of such lands, or made tender thereof, and the
amount of such tender has been paid into court for the opposite party, judgment must be rendered
in his favor for the costs accruing after such payment or tender, except as against the state.
(Acts 1935, No. 194, p. 256; Code 1940, T. 51, §293.)...
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6-6-256
Section 6-6-256 Assessment of value and damages and judgment - Trial of action. Upon the trial
the jury must, if it finds for the plaintiff, assess the value of each article separately,
if practicable, and also assess damages for its detention. If it finds for the defendant,
it must, in like manner, assess the value and, if in the possession of the plaintiff, assess
damages for its detention. Judgment against either party must be for the property sued for,
or its alternate value, with damages for its detention to the time of trial. (Code 1852, §2194;
Code 1867, §2595; Code 1876, §2944; Code 1886, §2719; Code 1896, §1476; Code 1907, §3781;
Code 1923, §7392; Code 1940, T. 7, §921.)...
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10A-10-1.09
Section 10A-10-1.09 Powers. A real estate investment trust has the power to: (1) Unless the
declaration of trust provides otherwise, have perpetual existence unaffected by any rule against
perpetuities. (2) Sue, be sued, complain, and defend in all courts. (3) Transact its business,
carry on its operations, and exercise the powers granted by this chapter in any state, territory,
district, or possession of the United States and in any foreign country. (4) Make contracts,
incur liabilities, and borrow money. (5) Sell, mortgage, lease, pledge, exchange, convey,
transfer, and otherwise dispose of all or any part of its assets. (6) Issue bonds, notes,
and other obligations, and secure them by mortgage or deed of trust of all or any part of
its assets. (7) Subject to Section 10A-10-1.10, acquire by purchase, or in any other manner,
take, receive, own, hold, use, employ, improve, encumber, and otherwise deal with any interest
in real and personal property, wherever located. (8) Purchase,...
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12-21-2
Section 12-21-2 Production of books, etc., generally - By resident nonparties; failure to comply.
(a) When any deed, writing or other document which it may be necessary to use as testimony
in any case may be in the possession of any person resident in this state who is not a party
to the case, the clerk of the court in which the case is pending shall, upon application of
the party or his attorney desirous of using such testimony, issue a subpoena duces tecum directed
to the person having such book or other document in his possession, requiring him to appear
and bring with him into court the paper desired to be used as testimony. Service shall be
by a sheriff, constable or some private person, and the official return of the sheriff or
constable or the affidavit of such private person shall be sufficient evidence that the same
was duly served; but, in all cases, the judge may require the summary production of any book
or document by subpoena duces tecum where the witness is able to...
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30-4-31
Section 30-4-31 Conveyance of real estate by husband when wife insane - Conveyance to be accompanied
by judgment or certification of wife's insanity; conclusiveness of judgment or certificate.
All conveyances under Section 30-4-30 shall state that the grantor is a married man and that
his wife is insane, and shall have attached to it a copy of the judgment of the court declaring
the wife insane, or shall have attached to such deed a copy of the certificate of the superintendent
of any Alabama state hospital for the insane, that, in his opinion, the wife of such grantor
in such deed is permanently insane. And such judgment or certificate, when so attached, shall,
in the absence of fraud in procuring the same, be conclusive of the wife's insanity and of
the right of the husband to execute such conveyance. (Code 1907, §4496; Code 1923, §8271;
Code 1940, T. 34, §82.)...
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43-2-843
Section 43-2-843 Transactions authorized for personal representatives; exceptions. Except as
restricted or otherwise provided by the will or by an order of court and subject to the priorities
stated in Section 43-8-76, a personal representative, acting prudently for the benefit of
the interested persons, may properly: (1) Retain assets owned by the decedent pending distribution
or liquidation including those in which the representative is personally interested or which
are otherwise improper for trust investment. (2) Receive assets from fiduciaries, or other
sources. (3) Perform, compromise, or refuse performance of the decedent's contracts that continue
as obligations of the estate, as the personal representative may determine under the circumstances.
In performing enforceable contracts by the decedent to convey or lease land, the personal
representative, among other possible courses of action, may do either of the following: a.
Execute and deliver a deed of conveyance for cash...
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