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35-6-118
Section 35-6-118 Sale when partition impracticable. If the commissioners find it impracticable
to make division of the crops in specie, or that it is necessary to sell a portion thereof
to make or equalize the division, they shall at once report that fact to the probate court,
which shall thereupon order the crops to be sold for division, and shall issue a writ to the
sheriff commanding him to make such sale; and such sale, and the distribution of the proceeds
thereof, shall be made as provided in section 35-6-116. (Code 1876, §3527; Code 1886, §3272;
Code 1896, §3197; Code 1907, §5243; Code 1923, §9347; Code 1940, T. 47, §240.)...
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35-6-116
Section 35-6-116 Sale by sheriff; distribution of proceeds by probate judge. If the crops are
ordered sold, the judge of probate must forthwith issue a writ, directed to the sheriff, commanding
him to sell such crops for division, at a place to be designated in the decree and writ; and
thereupon the sheriff must proceed to advertise and sell such crops at the place designated,
in the same manner as he is required to advertise and sell personal property under execution
issuing from the circuit court; and after making the sale, he shall forthwith make due return,
and pay over the proceeds thereof to the judge of probate, who shall distribute the same among
the parties according to their respective interests. If a forthcoming bond has not been executed
under section 35-6-114 and the sheriff is not in possession of the crops, he shall seize the
same for the purpose of making a sale thereof, if in the hands of any of the parties to the
proceedings. (Code 1876, §3526; Code 1886, §3270;...
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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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9-11-53
Section 9-11-53 Resident license - Freshwater fishing. (a) Any person who has been a bona fide
resident of this state for a period of not less than 90 days next preceding and who is age
16 or older, but who has not yet reached the age of 65, shall not take, catch, kill or attempt
to take, catch, or kill any fish in any of the waters of this state above that line defined
in Rule 220-2-.42 (1) of the Department of Conservation and Natural Resources as published
in the Alabama Administrative Code, as well as below that line in any of the ponds or lakes
containing freshwater fish, subject to the exceptions contained herein, by any means, except
designated commercial fishing gear and wire baskets, expressly allowed by law or regulation
without first procuring an annual resident freshwater fishing license and paying therefor
the sum of eleven dollars ($11), plus a one dollar ($1) issuance fee, which fees shall be
subject to adjustment as provided for in Section 9-11-68; provided, however,...
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35-6-117
Section 35-6-117 Appointment and duties of commissioners generally; oath; return; seizure of
crops. If a division of the crops is decreed, the judge of probate must forthwith issue a
writ, directed to the sheriff, and commanding him to summon three disinterested and intelligent
householders of the county, not related to either of the parties, to make such division, who
shall divide the crops among the parties according to the decree, a copy of which must accompany
the writ, and shall, within 10 days after their appointment, make due return of the division
made by them in writing and under oath, which oath must be taken before the judge of probate,
and must set forth that they made the division fairly and impartially, to the best of their
knowledge and ability; and for the purpose of such division the sheriff, if not in possession,
and no forthcoming bond has been given, must seize the crops to be divided, if in the possession
of any of the parties to the proceedings. (Code 1876,...
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35-6-55
Section 35-6-55 Partition not made when adverse claim or title asserted. No division or partition
or sale for distribution can be made under this article, in the probate court when an adverse
claim or title is asserted by anyone, or brought to the knowledge of the commissioners, or
of the judge of probate. (Code 1852, §2690; Code 1867, §3118; Code 1876, §3512; Code 1886,
§3251; Code 1896, §3176; Code 1907, §5220; Code 1923, §9320; Code 1940, T. 47, §208.)...
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35-6-115
Section 35-6-115 Decree of partition or sale; effect on existing liens. (a) If, on the hearing,
the court is satisfied from the evidence that the parties are joint owners or tenants in common
in the crops, a decree must be entered, declaring the interest or share each has therein,
and ordering the crops divided in specie, or sold for division, as may appear from the evidence
more practicable and better for the interests of the parties; and if any liens exist on the
crops, or on any interest or share therein, in favor of any of the parties, such liens, and
the extent and amount thereof, must be declared; and if a division in specie is ordered, such
liens shall be charges only on the shares of the parties against whom they exist, but if a
sale is ordered, the proceeds of the shares or interest upon which they exist, after payment
of their part of the costs, shall be applied to the satisfaction of such liens. (b) When any
lien exists on the crops, or on any share or interest therein, in...
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35-6-57
Section 35-6-57 Sale instead of partition - When sale ordered. If, after a decree for partition
and the appointment of commissioners it shall appear from the report of the commissioners,
or on exceptions to their report, that a just and equal division of the land cannot be made,
or that a sale will better promote the interest of all the cotenants, the court shall order
a sale of the land, or such part thereof as may be deemed proper, and a division of the proceeds
among those interested, as provided for, and make an equitable partition as provided in this
article of the land not sold. (Code 1907, §5212; Code 1923, §9312; Code 1940, T. 47, §201.)...
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35-11-228
Section 35-11-228 Liens stand on equal footing; exception; distribution of proceeds. All liens
arising under this division, except in favor of the original contractor, shall stand on an
equal footing, and be first paid out of the proceeds of the sale of the property, or money
collected from the owner or proprietor; and if such proceeds and money are insufficient to
satisfy such liens in full, the same shall be distributed pro rata among the holders thereof;
but no person shall be entitled to participate in such distribution until he has obtained
judgment establishing his lien. (Code 1876, §3461; Code 1886, §3040; Code 1896, §2745;
Code 1907, §4776; Code 1923, §8854; Code 1940, T. 33, §58.)...
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43-2-622
Section 43-2-622 Orders of distribution - Oath; return; exceptions to report. (a) The persons
therein named, or a majority of them, must proceed to make distribution according to such
order, having first taken an oath to make such distribution fairly and impartially, if the
same can be made, which oath may be administered by the executor or administrator, and must
return their proceedings in writing, signed by them, to the court by the day specified in
such order. (b) If the property cannot be divided equitably without a sale of all or some
portion thereof, the commissioners must so report. (c) Any person may file exceptions to the
report of the commissioners within 30 days after the day appointed for the return or, if returned
at any time thereafter, within 30 days after the return. (Code 1852, §§1793-1795; Code 1867,
§§2120-2122; Code 1876, §§2497-2499; Code 1886, §§2163-2165; Code 1896, §§231-233;
Code 1907, §§2714-2716; Code 1923, §§5952-5954; Code 1940, T. 61,...
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