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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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9-9-76
Section 9-9-76 Entry, approval, etc., of assessments against lands for improvements; proceedings
as to delinquencies. (a) When a subdistrict shall have been established by order of the county
commission, the owners of land within the subdistrict shall, through their officers or directors
and in keeping with the provisions of the constitution and bylaws of the subdistrict, fairly,
justly and equitably, insofar as possible, prorate the costs of the improvements to be made
and other necessary expenses and enter same as an assessment or assessments against the benefited
land of each owner of land within the subdistrict. When such assessments shall have been approved
by the county commission, they shall be filed with the chairman, and each assessment shall
constitute a prior lien, subject only to state and county taxes, against the benefited land
so assessed. Said assessments shall be due and payable as the work progresses. (b) If any
owner of land within such subdistrict shall fail to pay...
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12-13-41
Section 12-13-41 Duties of probate judges generally. It shall be the duty of the probate judge:
(1) To issue all citations, letters testamentary, of administration and guardianship, subpoenas,
executions and all other process which is necessary for the exercise of his powers, the jurisdiction
of the court and the enforcement of its judgments, orders and decrees. (2) To keep minutes
of all his official acts and proceedings and, within three months thereafter, to record the
same in well-bound books. (3) To keep all the books, papers and records belonging to his office
with care and security, the papers arranged, filed and labeled so as to be of easy reference
and the books and records lettered and kept with general, direct and reverse indexes, but,
without the authority of the county commission, he shall not make new indexes. (4) To keep
constantly in his office a well-arranged docket, showing the date of the issue and return
of all process, the day set for the hearing, the kind of...
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35-4-69
Section 35-4-69 Affidavits - Record as notice of facts recited; by whom made. Affidavits heretofore
recorded or that may hereafter be recorded showing the relationship of parties or other persons
to conveyances of lands, the relationship of any parties to any conveyances with other parties
whose names are shown in the chain of title to lands, whether or not any person or persons
connected with the chain of title were married at the time of the execution of any conveyances,
the ages of any person or persons connected with the chain of title, whether the lands embraced
in any conveyance constituted a part of the homestead of any grantor, whether the lands embraced
in any conveyance have been in the actual possession of any parties connected with the chain
of title to either the surface or mineral rights of lands, or any other persons; and affidavits
relating to the identity of parties whose names may be shown differently in chains of title;
and affidavits showing the ownership and...
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35-6-23
Section 35-6-23 Determination of questions of title and adjustment of equities. (a) If the
title of the plaintiffs seeking partition or sale of lands for a division shall be controverted,
or should the title or claim of any of the parties to the action be adverse to that of one
or more of the other parties, the question of title shall be tried and determined in the action
by the circuit court, which shall have power to determine all questions of title, and to remove
all clouds upon the title, if any, of the lands, whereof partition is sought and to apportion
incumbrances, if partition be made of land incumbered and it be deemed proper to do so; and
the court may adjust the equities between and determine all claims of the several cotenants
or claimants as well as the equities and claims of the incumbrancers; and may adjust, settle,
and determine all questions as to dower or curtesy as if separate proceedings had been brought
to settle and determine these questions. (b) In actions for...
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38-9F-8
Section 38-9F-8 Ex parte relief. (a) If it appears from a petition for an elder abuse protection
order or a petition to modify an elder abuse protection order that elder abuse has occurred
or a modification is warranted, the court may do either of the following: (1) Without notice
or hearing, immediately issue an ex parte elder abuse protection order or modify an ex parte
elder abuse protection order as it deems necessary. (2) After providing notice as required
by the Alabama Rules of Civil Procedure, issue an elder abuse protection order or modify an
elder abuse protection order after a hearing whether or not the defendant appears. (b) Based
upon a risk of imminent potential harm to the plaintiff, a court may grant one or more of
the following ex parte forms of relief without prior notice to the defendant or a hearing:
(1) Enjoin the defendant from threatening to commit or committing acts of elder abuse against
the plaintiff and any other individual designated by the court. (2)...
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40-10-76
Section 40-10-76 Action for possession defeated on grounds other than that taxes were not due.
THIS SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1,
2020. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. If, in any action brought
by the purchaser, or other person claiming under the purchaser, to recover the possession
of lands sold for taxes, a recovery is defeated on the ground that such sale was invalid for
any reason other than that the taxes were not due, the court shall forthwith, on the motion
of the plaintiff, ascertain the amount of taxes for which the lands were liable at the time
of the sale and for the payment of which they were sold, with interest thereon from the date
of sale, and the amount of such taxes on the lands, if any, as the plaintiff, or the person
under whom he claims, has, since such sale, lawfully paid or assumed by the state after its
purchase, with interest thereon from the date of such payment, the interest...
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8-9-2
Section 8-9-2 Certain agreements void unless in writing. In the following cases, every agreement
is void unless such agreement or some note or memorandum thereof expressing the consideration
is in writing and subscribed by the party to be charged therewith or some other person by
him thereunto lawfully authorized in writing: (1) Every agreement which, by its terms, is
not to be performed within one year from the making thereof; (2) Every special promise by
an executor or administrator to answer damages out of his own estate; (3) Every special promise
to answer for the debt, default or miscarriage of another; (4) Every agreement, promise or
undertaking made upon consideration of marriage, except mutual promises to marry; (5) Every
contract for the sale of lands, tenements or hereditaments, or of any interest therein, except
leases for a term not longer than one year, unless the purchase money, or a portion thereof
is paid and the purchaser is put in possession of the land by the seller;...
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13A-8-1
Section 13A-8-1 Definitions. The following definitions are applicable in this article unless
the context otherwise requires: (1) DECEPTION occurs when a person knowingly: a. Creates or
confirms another's impression which is false and which the defendant does not believe to be
true; or b. Fails to correct a false impression which the defendant previously has created
or confirmed; or c. Fails to correct a false impression when the defendant is under a duty
to do so; or d. Prevents another from acquiring information pertinent to the disposition of
the property involved; or e. Sells or otherwise transfers or encumbers property, failing to
disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property
when the defendant is under a duty to do so, whether that impediment is or is not valid, or
is not a matter of official record; or f. Promises performance which the defendant does not
intend to perform or knows will not be performed. Failure to perform, standing...
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28-4-323
Section 28-4-323 Admissibility and effect of evidence showing similarity in color, odor and
general appearance between prohibited liquor or beverage and beverage shown to be manufactured,
sold, kept, etc., by defendant; applicability of rule as to admissibility, etc., of said evidence
in proceedings for abatement of liquor nuisances, etc. (a) In all prosecutions against any
person for manufacturing, selling, offering for sale, keeping or having in possession for
sale, bartering, exchanging, furnishing, giving away or otherwise disposing of prohibited
liquors and beverages or for any one of the said acts, it shall be competent for the state
to give in evidence the fact that the beverage which the evidence may tend to show the defendant
had manufactured, sold, bartered, exchanged, furnished, given away or otherwise disposed of,
possesses the same color, odor and general appearance or the same taste, color and general
appearance of a prohibited liquor or beverage such as whiskey, rum,...
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