43-2-447
Section 43-2-447 Notice to unknown parties; appointment of special guardian; disposition of
shares. If it shall be averred in an application for the sale of lands for the payment of
debts or for division, that the names of any of the heirs or devisees are unknown, that the
petitioner has made diligent inquiry and cannot ascertain the same, the cause may proceed
against them without naming them; but the court must make publication as in case of nonresidents,
describing such unknown parties as near as may be by the character in which they are made
parties and with reference to their interest in the lands sought to be sold, and must appoint
a suitable and competent person not of kin or counsel to the petitioner, as special guardian
to represent such unknown parties. The shares or interests of such unknown parties, in the
proceeds of lands sold for division, shall be paid into court and there retained and paid
out to the proper parties when ascertained. (Code 1896, §162; Code 1907,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-447.htm - 1K - Match Info - Similar pages

43-2-452
Section 43-2-452 When depositions required. No order for the sale of land belonging to any
estate, whether for the payment of debts, or for division, must be made when there are minors
or persons of unsound mind or unknown parties interested in such estate, unless the probate
court has taken evidence by deposition, showing the necessity of such sale; and such evidence
must be taken, whether the allegations in the petition are denied or not by the guardian appointed
by the court to represent the minors or persons of unsound mind or unknown parties; and any
order of sale and sale, made without a compliance with the requisitions of this section, shall
be wholly void. (Code 1867, §2225; Code 1876, §2458; Code 1886, §2114; Code 1896, §167;
Code 1907, §2631; Code 1923, §5861; Code 1940, T. 61, §255.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-452.htm - 1K - Match Info - Similar pages

6-6-70
Section 6-6-70 On what property and persons; endorsement on writ; taking of property into possession.
Attachments may be levied on real estate, whether a fee simple or any less legal estate, or
on personal property of the defendant or may be executed by summoning any person indebted
to the defendant or liable to him on a contract for the delivery of personal property or for
the payment of money which may be discharged by the delivery of personal property or on a
contract payable in personal property or a person having in his possession, or under his control,
any money or effects belonging to the defendant; and the officer executing the writ must endorse
such levy or service thereon and, if practicable, take the property into his possession, unless
replevied as prescribed in Division 4 of this article. (Code 1852, §2516; Code 1867, §2943;
Code 1876, §3268; Code 1886, §2945; Code 1896, §540; Code 1907, §2940; Code 1923, §6188;
Code 1940, T. 7, §861.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-70.htm - 1K - Match Info - Similar pages

33-4-37
Section 33-4-37 Issuing licenses; possession and exhibition of licenses; oath of pilot. The
State Pilotage Commission shall issue to each pilot licensed and branched by them an original
and a duplicate certificate of his appointment, competency and authority to act as such pilot,
and as to the extent thereof, and shall reissue duplicate certificates from time to time,
as the occasion may require. Such original and duplicate certificates shall be signed by a
majority of the commissioners or by their chairman by their direction. Each bay or bar pilot
holding a license or branch must keep upon his person, when offering his services to any vessel,
his duplicate certificate and must, upon demand of the proper officer of the vessel, exhibit
the same and allow such officer to inspect it. Before issuing an original license or branch,
the commissioners delivering the same to the appointee shall require him to take and subscribe
in writing an oath as follows, to be administered by such...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/33-4-37.htm - 2K - Match Info - Similar pages

35-6-45
Section 35-6-45 Decree for partition; appointment of commissioners; minors' interests considered.
If, upon the hearing, the court is satisfied from the proof that the property described in
the application is held and owned jointly, or in common, it must decree the same to be divided
or partitioned among the joint owners or tenants in common, according to their respective
interests therein; and to effect such division or partition, it must appoint suitable commissioners,
not more than five, any three of whom may act; but if the application is for the partition
of lands, and any of the parties interested are minors, the court, before granting the application,
must be satisfied by evidence taken as in actions before the circuit court that it is to the
interest of such minors that the partition be made. (Code 1867, §3108; Code 1876, §3502;
Code 1886, §3241; Code 1896, §3166; Code 1907, §5208; Code 1923, §9308, Code 1940, T.
47, §197.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-45.htm - 1K - Match Info - Similar pages

35-6-44
Section 35-6-44 Proceedings against unknown persons and certain other parties defendant. When
it is necessary to make any persons defendant to a petition in the probate court filed for
the partition of property or for a sale thereof because it cannot be equitably divided, and
the names of all or any of such persons are unknown to the petitioner and cannot be ascertained
on diligent inquiry, if the petitioner shall state in a petition, or in an affidavit thereto
annexed, that the names of such persons are unknown, and that he has made diligent inquiry
to ascertain the same, proceedings may be had against them without naming them; and the judge
of probate must make publication as in case of nonresident defendants, describing such unknown
parties as near as may be by the character in which they are sued, and with reference to their
title or interest in the property sought to be partitioned or to be sold for division of the
proceeds. Should petitioner, after exercising reasonable diligence...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-44.htm - 2K - Match Info - Similar pages

6-6-544
Section 6-6-544 Filing of judgment. The register or clerk shall, within 30 days from the entry
of a judgment under this division, file the same or a certified transcript thereof for record
in the probate court of the county in which the land lies and tax the expense thereof in the
costs of the case. The probate judge shall record the judgment in the same book and manner
in which deeds are recorded and index the names of defendants or parties against whom the
relief is granted in the direct index and the names of the plaintiffs or parties quieted in
possession of the land in the reverse index. (Code 1907, §5447; Code 1923, §9909; Code 1940,
T. 7, §1113.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-544.htm - 978 bytes - Match Info - Similar pages

6-6-40
Section 6-6-40 Form. The form of attachment must be in substance as follows, but no objection
shall be taken for any defect in form if the essential matters are set forth: The State of
Alabama, ___ county To any sheriff of the State of Alabama: Whereas A. B. (or C. D., as the
agent or attorney of A. B., as the case may be) hath complained on oath to me, E. F., judge
of the circuit court of said state (or district court judge, or judge of the probate court
or clerk of the circuit court of said county or as the case may be), that G. H. is (or will
be, as the case may be) justly indebted to the plaintiff in the sum of _____ dollars, and
the plaintiff having made affidavit and given bond as required by law in such cases, you are
hereby commanded to attach so much of the estate of G. H. as will be of value to satisfy the
said debt and costs, according to the complaint, and such estate, unless replevied, so to
secure that the same may be liable to further proceedings thereon, to be had...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-40.htm - 1K - Match Info - Similar pages

6-6-682
Section 6-6-682 Judgment in favor of clerk of appellate court; copy of execution and certification
of clerk as evidence. (a) Judgment must, in like manner, be entered in favor of the clerk
of an appellate court against the sheriff or coroner, on three days' notice: (1) For failure
to return an execution from that court; (2) For making a false return thereon; (3) For failing
to make the money thereon when by due diligence it could have been made; or (4) For failing
on demand to pay over money collected on execution, for the penalties prescribed in this division
for the same defaults on executions issued from the circuit court. (b) On the trial of the
motion by such clerk, a copy of the execution made and certified by him with the return thereon,
if any was made, or a statement that no return was made, if such be the fact, together with
his certificate that the execution was received by the sheriff or sent to him by mail is evidence
of the facts so certified, without producing a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-682.htm - 1K - Match Info - Similar pages

28-4-286
Section 28-4-286 Institution of proceedings for condemnation of vehicles, etc.; seized property
not to be retaken by replevin or detinue during pendency of action; intervention by parties
claiming superior right to seized property; powers of court to regulate proceedings to permit
parties claiming vehicles, etc., to assert rights. It shall be the duty of such officer in
the county or the Attorney General of the state to institute at once or cause to be instituted
condemnation proceedings in the circuit court by filing a complaint in the name of the state
against the property seized, describing the same, or against the person or persons in possession
of said vehicles of transportation, if known, to obtain a judgment enforcing the forfeiture.
No replevin or detinue writ may be employed to retake possession of such seized property pending
the forfeiture action, but any party claiming a superior right may intervene by motion in
said action and have his claim adjudicated. The judge...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-286.htm - 1K - Match Info - Similar pages