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8-1-121
Section 8-1-121 Certain contracts for future delivery void; exceptions. (a) All contracts of
sale for the future delivery of any commodity, article, personal property, stock or bond,
wherein the parties thereto do not intend a delivery of the article contracted for, but do
intend to gamble on the difference between the contract price and some subsequent market price,
shall be illegal and void, and no action shall be maintained in any court to enforce such
contract or to compel payment of any note or security given in payment or settlement of the
same. (b) The provisions of subsection (a) of this section shall not be construed so as to
apply to any person, firm, corporation or his or their agent, engaged in the business of manufacturing
or wholesale merchandising in the purchase or sale of the necessary commodities required in
the ordinary course of their business. (Code 1907, §§3349, 3350; Acts 1915, No. 791, p.
913; Code 1923, §§6816, 6818; Code 1940, T. 9, §§30, 32.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-1-121.htm - 1K - Match Info - Similar pages
11-51-24
Section 11-51-24 Redemption of property after sale - Conveyance of property, etc., to redeemer.
Upon such tender by the person offering to redeem the property and the payment thereof to
the purchaser or the deposit of the sum due to the purchaser with the treasurer, the deed
executed by the register or clerk of the circuit court shall be void and, upon a refusal of
the purchaser or his vendee to reconvey to the party redeeming, the council or other governing
body may authorize a deed to be made to the party redeeming, which shall convey all title
the city or town or the purchaser derived at such tax sale, but the interest of the owner
of the property and the interest of the party redeeming shall be adjusted between the parties
as are other legal and equitable interests. (Code 1907, §1329; Code 1923, §2144; Code 1940,
T. 37, §690.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-51-24.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
35-6-80
Section 35-6-80 When and by whom sale made. In all cases in which any person of unsound mind
or any minor shall hold an interest as tenant in common with others in one or more parcels
of land or realty in this state, and there shall be no valid authority to sell such interest
vested in any person by the terms of any instrument under which such person of unsound mind
or such minor holds such interest, and such sale shall not be prohibited or restricted by
such instrument, it shall be lawful for the guardian of such minor or person of unsound mind
to join the other tenants in common in selling any such parcel of land or realty for a division
of proceeds thereof, such sale to be made either publicly or privately, and upon such terms
as to payment and security for unpaid installments as such guardian may deem to the interest
of his ward, subject, however, to such sale being set aside as provided in this article. (Code
1907, §5253; Code 1923, §9357; Code 1940, T. 47, §219.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-80.htm - 1K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-57.htm - 969 bytes - Match Info - Similar pages
35-4-33
Section 35-4-33 Judgment for specific performance. A judgment for specific performance shall
operate as a deed to convey land or other property without any conveyance being executed by
the vendor. Such judgment, certified by the clerk or register, shall be recorded in the registry
of deeds in the county where the land lies, and shall stand in the place of a deed. In any
action in which the court orders the specific performance of a contract for the sale of real
estate, when it appears from the evidence that the party in whose favor the judgment is made
is entitled to the possession of the real estate as against the other party and that such
other party is in person or by tenants in possession of such real estate, the court may, in
such judgment of specific performance, order the issuance of a writ of possession as in ejectment
cases. (Code 1907, §3366; Code 1923, §6850; Code 1940, T. 47, §35.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-4-33.htm - 1K - Match Info - Similar pages
11-52-33
Section 11-52-33 Remedies and penalty for transfer, sale, etc., of lands in subdivision prior
to approval of plat. (a) Where the regulation of a subdivision development is the responsibility
of the municipal planning commission, if the owner or agent of the owner of any land located
within a subdivision conveys, transfers, or sells any land by reference to or exhibition of
or by other use of a plat of a subdivision before the plat has been approved by the appropriate
commission, department, or agency of any municipality requiring such approval and recorded
or filed in the office of the appropriate county probate office, the owner or agent shall
forfeit and pay a penalty of one hundred dollars ($100) for each lot or parcel so transferred
and the description of the lot or parcel by metes and bounds in the instrument of transfer
or other document used in the process of selling or transferring shall not exempt the transaction
from the penalties or from the remedies provided in this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-52-33.htm - 2K - Match Info - Similar pages
40-10-141
Section 40-10-141 Lien and sale of property for unpaid installments of taxes - Procedure. The
State of Alabama shall have a lien for all unpaid partial payments as well as for taxes for
any subsequent year, and in case of the failure to pay any one of said installments together
with the taxes for any subsequent year, either or both, the Land Commissioner for and in the
name of the State of Alabama shall at his option declare all said installments due and payable
at once. In case of default in payment of any installment or of any subsequent taxes, the
Land Commissioner in the name of the state shall have a right to file a complaint to foreclose
the lien of the state, and in such suit all parties at interest shall be made parties defendant.
Such suit shall be filed in the county where the land or the major portion thereof is situated.
The court shall determine what amount, if any, of such taxes or installments are illegal,
and in its final judgment shall determine the total amount due on...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-10-141.htm - 2K - Match Info - Similar pages
40-10-197
Section 40-10-197 Action to foreclose the right to redeem and quiet title; notice requirements;
effect of foreclosure; deed; expiration of certificate. (a) At any time not less than three
years after the auction or sale of a tax lien but not later than 10 years after the auction
or sale, if the tax lien is not redeemed, the holder of the tax lien certificate may bring
in the circuit court of the county in which the property is located an action to foreclose
the right to redeem and quiet title to the property in the name of the holder of the tax lien
certificate. If any applicable law or court order prohibits bringing an action to foreclose
the right to redeem and quiet title to the property, the limitation provided in this section
shall be extended 12 months following the termination of the prohibition. (b)(1) At least
30 days before filing a tax lien foreclosure action under this article, but not more than
180 days before the action is commenced, the holder of the tax lien certificate...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-10-197.htm - 5K - Match Info - Similar pages
40-10-28
Section 40-10-28 Disposition of excess arising from sale. (a)(1) The excess arising from the
sale of any real estate remaining after paying the amount of the decree of sale, including
costs and expenses subsequently accruing, shall be paid over to a person or entity who has
redeemed the property as authorized in Section 40-10-120 or any other provisions of Alabama
law authorizing redemption from a tax sale, provided proof that the person or entity requesting
payment of the excess has properly redeemed the property is presented to the county commission
within three years after the tax sale has occurred. The county commission may retain any interest
earned on those funds. Until and unless the property is redeemed, the excess funds from the
tax sale shall be held in a separate account in the county treasury during the three-year
period. If at the end of the three-year period there has been no proper request for the excess
funds, those funds and any interest earned on those funds shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-10-28.htm - 4K - Match Info - Similar pages
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