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35-6-54
Section 35-6-54 Costs and expenses. The probate court must ascertain the costs and expenses
attending the division, and make a record thereof, stating distinctly each item of such costs
and expenses; and if the same are not paid within 30 days after the allotment, an execution
may be issued against each of the persons to whom the land was allotted, for his aliquot portion
thereof, which must be directed to the sheriff, to be levied as other executions, and may
be levied on the land so allotted to him. (Code 1852, §2689; Code 1867, §3117; Code 1876,
§3511; Code 1886, §3250; Code 1896, §3175; Code 1907, §5218; Code 1923, §9318; Code 1940,
T. 47, §207.)...
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6-9-1
Section 6-9-1 Executions on judgments; forms thereof. The party in whose favor a judgment is
entered, whether for debt, damages, or costs, for the satisfaction thereof, may, within 10
years thereafter, have a writ of execution against the lands and goods of the party against
whom such judgment is entered. When the judgment is for specific property or the alternate
value, or for the possession of lands, appropriate writs of execution may issue for the satisfaction
thereof. Such writs of execution must substantially conform to the following forms: (Form
of Writ of Execution) The State of Alabama, ___ County. To any Sheriff of the State of Alabama:
You are hereby commanded that of the goods and chattels, lands, and tenements of _____, you
cause to be made the sum of _____ dollars, which _____ recovered of him on the _____ day of
_____, 2__, by the judgment of the circuit (or district) court, held for the County of _____,
besides _____ dollars, costs of the action; and have the same to...
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6-9-160
Section 6-9-160 Restoration of property levied on to debtor upon executing bond; execution
on forfeiture of bond; exception. (a) When personal property is levied on by the sheriff,
if the defendant executes bond with sufficient surety in double the amount of the execution
payable to the plaintiff and conditioned to deliver the property levied on to the proper officer
by 12:00 noon of the day and at the place appointed for the sale thereof, the sheriff must
restore the property to the defendant. (b) If the property is not delivered according to the
condition of the bond, the sheriff must return it forfeited within five days thereafter to
the register or clerk's office out of which the execution issued, endorsing thereon a forfeiture
of the bond; and it is then the duty of the clerk or register, without delay, to issue execution
on the forfeited bond against all the obligors therein for the judgment and costs, upon which
no security of any kind can be taken, which he must endorse on the...
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40-29-28
Section 40-29-28 Redemption of property. (a) Before sale. Any person whose property has been
levied upon hereunder or subject to execution under Section 40-2-11 shall have the right to
pay the amount due, together with the expenses of the proceeding, if any, to the commissioner
or his delegate at any time prior to the sale thereof, and upon such payment the commissioner
or his delegate shall restore such property to him, and all further proceedings in connection
with the levy on such property shall cease from the time of such payment. (b) Redemption of
real estate after sale. (1) PERIOD. The owners of any real property sold as provided in Section
40-29-26, their heirs, executors, or administrators, or any person having any interest therein,
or a lien thereon, or any person in their behalf, shall be permitted to redeem the property
sold, or any particular tract of such property, at any time within one year after the sale
thereof. Real property purchased by the state at said sale may be...
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6-6-160
Section 6-6-160 Claim of persons not party to writ of execution or attachment, etc., to personal
property levied on; affidavit and bond; delivery of property to claimant. When an execution,
attachment or other like writ, issued from any court or by any officer, is levied on personal
property as to which any person not a party to the writ claims to own the title, legal, or
equitable, or a lien paramount to the right, title, or interest in the property of the defendant
in the writ, such person may try the right to such property before a sale thereof upon making
affidavit by himself, his agent, or attorney, which may be taken by the officer levying the
writ or any officer authorized to administer oaths that he holds such title to, or such lien
upon, the property claimed and executing bond with two good and sufficient sureties, to be
approved by the officer making the levy and payable to the plaintiff in double the value of
the property levied on and claimed, the value thereof to be...
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6-6-78
Section 6-6-78 Order for receipt of sale proceeds by plaintiff pending action upon executing
refunding bond; notice of and hearing on motion therefor; forfeiture of bond; payment to defendant.
(a) When property levied on under an attachment has been sold pending the action, on motion
of the plaintiff, the judge of the court to which the attachment is returnable must, at any
time after 30 days from the levy, make and cause to be entered upon the minutes of the court
an order directing the officer having in his hands the proceeds of sale, after reserving an
amount to be fixed in the order to cover the probable costs and charges in the case, to pay
over to the plaintiff, or his attorney, the balance of such proceeds not exceeding the amount
of the plaintiff's demand, to be stated in the order, upon his giving bond in double the amount
of the money to be paid over, payable to the defendant with sufficient surety to be approved
by such officer and with condition that if he is cast in the...
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40-9B-3
Section 40-9B-3 Definitions. (a) For purposes of this chapter, the following words and phrases
mean: (1) ABATE, ABATEMENT. A reduction or elimination of a taxpayer's liability for tax or
payments required to be made in lieu thereof. An abatement of transaction taxes imposed under
Chapter 23 of this title, or payments required to be made in lieu thereof, shall relieve the
seller from the obligation to collect and pay over the transaction tax as if the sale were
to a person exempt, to the extent of the abatement, from the transaction tax. (2) ALTERNATIVE
ENERGY RESOURCES. The definition given in Section 40-18-1. (3) CONSTRUCTION RELATED TRANSACTION
TAXES. The transaction taxes imposed by Chapter 23 of this title, or payments required to
be made in lieu thereof, on tangible personal property and taxable services incorporated into
an industrial development property, the cost of which may be added to capital account with
respect to the property, determined without regard to any rule which...
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11-42-2
Section 11-42-2 Annexation election and proceedings generally; proceedings where parties consent
to annexation. Whenever the council shall pass a resolution to the effect that the public
health or public good requires that certain territory (described in the resolution) shall
be brought within the limits of the city or town: (1) It shall be the duty of the mayor to
certify a copy of such resolution to the judge of probate of the county in which the land
proposed to be annexed is situated, and said certified resolution shall have attached thereto
a plat or map of said territory, which certified resolution and plat or map shall be filed
by the judge of probate. (2) Except as provided in subdivision (9) of this section, the judge
of probate shall, not less than 10 nor more than 15 days from the date of the filing of such
resolution, make and enter an order upon the minutes of said court, directing and ordering
an election to be held by the qualified electors residing within the territory...
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9-9-73
Section 9-9-73 Powers and duties of commission and officers or directors of subdistricts generally.
The county commission shall have control of the affairs of the county as such drainage district.
No commissioner shall directly or indirectly be interested in any contract made by the county
commission, save and except insofar as other land owners are benefited by the work constructed.
They shall appoint and employ such agents and persons as they may deem necessary for the execution
of the purposes expressed in this article, particularly operators of county controlled machinery
and equipment, save and except they shall not become directly or indirectly employed by the
county commission or by a subdistrict established by authority of this article. They shall
have the right and authority to enter into contracts or other agreements with the United States
government or any department thereof, with persons, firms or corporations, with the state
government of any department thereof or with...
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11-40-68
Section 11-40-68 Foreclosure sale; form of deed. (a) Following the hearing and order of the
court in accordance with Section 11-40-66, the court shall cause a sale of the real property
to be advertised and conducted by the court in a manner similar to that procedure contemplated
by Section 40-10-15. The sale shall not occur earlier than 45 days following the date of the
order of the court. (b) Except as otherwise authorized by law, the minimum bid price for the
sale of the real property shall be the redemption amount. (1) In the absence of any bid higher
than the minimum bid price, the court or its designee shall bid in for the real property on
behalf of the Class 2 municipality or its designee in an amount equal to the minimum bid price,
thereby causing the Class 2 municipality to become the purchaser at the sale pursuant to Section
11-40-66. (2) A bid in on behalf of the Class 2 municipality or its designee shall be tendered
as a credit bid for that part of the minimum bid price...
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