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21-1-86
Section 21-1-86 Sale violating this article void; penalties for persons responsible and bondsmen;
how penalties recovered. Any sale of tangible personal property or standing timber of the
Alabama Institute for Deaf and Blind made in violation of the terms of this article shall
be null and void and the person or persons responsible for the transaction and his bondsman
shall be subject to a civil penalty of not less than $100.00 nor more than $1,000.00 which
may be recovered for the Alabama Institute for Deaf and Blind by the Attorney General by suit
in the Circuit Court of Talladega County. (Acts 1991, No. 91-658, p. 1245, §7.)...
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12-21-66
Section 12-21-66 Proof of land office deeds or written instruments for conveyance or sale of
land. Any deed or written instrument for the conveyance or sale of land purchased or entered
at any land office of the United States in this state made or signed in or upon any book or
record of such office may be proved by a copy thereof, certified by the register of such land
office under his hand to be a correct copy, and such copy shall be received in all courts
and proceedings under the laws of this state and may be recorded in the office of the probate
judge of the county in which the land may be. A transcript of such record in the office of
the probate judge may be certified and used in the same manner and in the same cases as transcripts
of such records of original deeds may be. (Code 1867, §2692; Code 1876, §3044; Code 1886,
§2783; Code 1896, §1814; Code 1907, §3981; Code 1923, §7679; Code 1940, T. 7, §391.)...
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43-2-462
Section 43-2-462 Confirmation of sale. Whenever the court is satisfied that such sale was fairly
conducted, and the land sold for an amount not greatly less than its real value, and the purchase
money is paid, or sufficiently secured, by mortgage or other personal security, it must make
an order confirming such sale; but such order of confirmation shall not be made until after
the expiration of 10 days after the report of sale is filed. (Code 1852, §1769; Code 1867,
§2095; Code 1876, §2467; Code 1886, §2123; Code 1896, §177; Code 1907, §2642; Code 1923,
§5872; Code 1940, T. 61, §266.)...
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6-9-150
Section 6-9-150 Conveyance by sheriff of lands sold by predecessor. When any sheriff authorized
by law to sell real estate makes such sale and dies or vacates his office before making a
conveyance to the purchaser thereof, the court from which the writ issued, upon proof of the
sale and of the payment of the purchase money, may order the successor in office of the sheriff
making such sale to make a conveyance of such lands to the purchaser, and such conveyance
shall relate back to the date of the sale. If the purchaser is the plaintiff in the judgment,
proof that he has credited, or the fact that he does credit, on the record the defendant with
the amount of the purchase money, less the necessary expenses and costs, is equivalent to
proof of payment of the purchase money. (Code 1867, §2869; Code 1876, §3207; Code 1886,
§2916; Code 1896, §1915; Code 1907, §4133; Code 1923, §7848; Code 1940, T. 7, §560.)...
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9-15-81
Section 9-15-81 Criminal and civil actions and penalties for violations of article. Any sale
or lease of real property or any interest therein of the state made in violation of this article
shall be null and void, and the person or persons violating this article shall be subject
to criminal prosecution by the Attorney General. In addition to the prosecution, damages for
loss or injury to the state may be recovered for the State of Alabama by the Attorney General
by civil action in the Circuit Court of Montgomery County. The expenses of investigation,
or litigation and prosecution, or both, under this article shall be reimbursed from funds
recovered to the Attorney General. All other moneys recovered by the Attorney General shall
be deposited in the State General Fund. Violation of this article shall also constitute a
Class C felony punishable as prescribed by law. (Acts 1995, No. 95-280, p. 507, §12.)...
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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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40-10-14
Section 40-10-14 Description of property in notices and entries. In all advertisements, any
notices of the proceedings in the probate court for the sale of land for taxes and of such
sales and all entries required to be made by the probate judge, tax collector or other officer,
initial letters, abbreviations and figures may be used to indicate townships, ranges, sections,
parts of sections, blocks and lots and dates and amounts; and, in estimating the cost of publication,
each amount, date or number and each initial letter or abbreviation shall be counted as a
word. In all advertisements for the sale of real estate, the notice shall state the precinct
in which the property is situated, except in those counties where the tax assessor is not
required to list the property by precincts; provided, that nothing herein contained shall
in anywise affect the collection of any taxes now due the state or any county therein or operate
to abate or discontinue any suit or action of any character...
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6-9-140
Section 6-9-140 Conveyance of title by sale under judicial process. A sale regularly made by
virtue of judicial process issuing from a court of competent jurisdiction shall convey the
title as effectually as if the sale was made by the person against whom the process issues.
(Code 1907, §4125; Code 1923, §7840; Code 1940, T. 7, §552.)...
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35-6-25
Section 35-6-25 Service of process on certain parties defendant; guardian ad litem; judgment
not affected by death of defendant; section cumulative. (a) When it is necessary to make any
person a party defendant in any partition proceedings brought under the provisions of this
article for partition sale of land, or any interest therein and the plaintiff, after exercising
reasonable diligence, is unable to locate the whereabouts, and to ascertain whether any such
defendant is alive at the time of the filing of the complaint, the facts showing just what
diligence the plaintiff has exercised must be specifically alleged in the complaint, and such
defendant may then be made a party, by publication as in the case of unknown defendants, in
his name followed by the words: " ____ and his heirs or devisees, if deceased."
If the defendant so sued does not appear in person or by attorney before expiration of the
time for filing pleadings in the case, the court shall appoint a guardian ad litem to...
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40-10-137
Section 40-10-137 Conveyance to Department of Conservation and Natural Resources of land bid
in by state - Procedure. Any lands which have been bid in by the state at tax sale shall,
after three years have elapsed from the date of sale to the state and no person having any
interest therein having redeemed same from tax sale, be subject to conveyance to the Department
of Conservation and Natural Resources in the manner hereinafter provided: (1) Whenever the
Department of Conservation and Natural Resources shall determine any lands which have been
bid in by the state at tax sale and the title to which has not passed out of the state, to
be suitable or desirable for the use of the said Department of Conservation and Natural Resources,
either for the purpose of being used as a state park, state forest, or for the purpose of
exchange for other lands of equal value, which are determined to be suitable for said purposes,
or for any other use or disposition which the Department of Conservation...
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