35-6-44
Section 35-6-44 Proceedings against unknown persons and certain other parties defendant. When
it is necessary to make any persons defendant to a petition in the probate court filed for
the partition of property or for a sale thereof because it cannot be equitably divided, and
the names of all or any of such persons are unknown to the petitioner and cannot be ascertained
on diligent inquiry, if the petitioner shall state in a petition, or in an affidavit thereto
annexed, that the names of such persons are unknown, and that he has made diligent inquiry
to ascertain the same, proceedings may be had against them without naming them; and the judge
of probate must make publication as in case of nonresident defendants, describing such unknown
parties as near as may be by the character in which they are sued, and with reference to their
title or interest in the property sought to be partitioned or to be sold for division of the
proceeds. Should petitioner, after exercising reasonable diligence...
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40-10-5
Section 40-10-5 Notice to taxpayer - When assessment is "owner unknown." When any
assessment is made to an "owner unknown," notice must be given by publication once
a week for three successive weeks in a newspaper published in the county, or if no newspaper
is published therein, by posting the same at the courthouse of the county for three weeks,
substantially in the following form: "The State of Alabama. (Here give name of county)
County. To whom it may concern: Take notice that the tax collector has filed in my office
a list of delinquent taxpayers and of real estate upon which taxes are due, and therein is
reported as assessed to 'owner unknown' the following real estate, to-wit: (here insert descriptions).
This is to notify you to appear before the probate court of this county, at the next term
thereof, commencing on Monday, the_____ day of _____, 2__, then and there to show cause, if
any you have, why a decree for sale of said real estate should not be made for the payment
of the...
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40-29-31
Section 40-29-31 Records of sales to be kept. The commissioner or his delegate shall keep a
record of all sales of real property sold under Section 40-29-26 and of redemptions of such
property. The record shall set forth the tax for which the sale was made, the dates of seizure
and sale, the amount of the expenses, the name of purchaser and the date of the deed. A deed
to the State of Alabama by virtue of its purchase at the sale shall be promptly recorded in
the probate office of the county or counties where the property is located. (Acts 1983, 4th
Ex. Sess., No. 83-891, p. 128, §14.)...
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43-2-626
Section 43-2-626 Division, sale or assignment of judgments or claims. (a) Any judgments or
claims in favor of the estate, which are not collected at the time of final distribution,
may be divided among the persons entitled, on final distribution; or, if such division cannot
be equitably made, may be sold as other personal property. (b) The executor or administrator
must assign any such judgment or claim to the distributee, legatee or purchaser, as the case
may be; and such person is entitled to collect the same by civil action or otherwise. (Code
1852, §§1799, 1800; Code 1867, §§2126, 2127; Code 1876, §§2503, 2504; Code 1886, §§2169,
2170; Code 1896, §§237, 238; Code 1907, §§2720, 2721; Code 1923, §§5958, 5959; Code
1940, T. 61, §§358, 359.)...
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22-20-11
Section 22-20-11 Restrictions on retail sales of certain poisons. (a) It shall be unlawful
for any person to retail any poisons enumerated in Schedules "A" and "B"
which are as follows, except upon the conditions named in this section: (1) Schedule "A"
- biniodide of mercury, cyanide of potassium, carbolic acid, hydrocyanic acid, strychnine,
arsenate and its preparations and all other poisonous alkaloids and their salts and the essential
oil of bitter almonds. (2) Schedule "B" - acenite, belladonna, colchium, conium,
nux vomica, henbane, savin, ergot, cotton root, cantharides, creosote, veratrium, digitalis
and their pharmaceutical preparations, croton oil, chloroform, sulphate of zinc, corrosive
sublimate, red precipitate, white precipitate, mineral acids and oxalic acid. (b) Any of the
poisons included in Schedule "A" may be legally sold by any registered pharmacist,
but he shall, before delivering the same to the purchaser, cause an entry to be made in a
book kept for that purpose,...
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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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35-8A-218
Section 35-8A-218 Termination of condominium. (a) Except in the case of a taking of all the
units by eminent domain specified in Section 35-8A-107, a condominium may be terminated only
by agreement of unit owners of units to which at least 80 percent of the votes in the association
are allocated, or any larger percentage the declaration specifies. The declaration may specify
a smaller percentage only if all of the units in the condominium are restricted exclusively
to nonresidential uses. (b) An agreement to terminate must be evidenced by the execution of
a termination agreement, or ratifications thereof, in the same manner as a deed, by the requisite
number of unit owners. The termination agreement must specify a date after which the agreement
will be void unless it is recorded before that date. A termination agreement and all ratifications
thereof must be recorded in every county in which a portion of the condominium is situated,
and is effective only upon recordation. (c) In the...
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35-8A-411
Section 35-8A-411 Release of liens. (a) In the case of a sale of a unit where delivery of an
offering statement is required pursuant to Section 35-8A-402(c) or a disclosure is made pursuant
to Section 35-8A-407, a seller shall record or furnish to the purchaser releases of all liens
or an agreement to release any liens that encumber that unit and its common element interest,
except liens on real estate that a declarant has the right to withdraw from the condominium,
that the purchaser does not expressly agree in a written contract of sale which specifically
identifies such lien and its amount to take subject to or assume, or provide a surety bond
or substitute collateral for or insurance against the lien in the manner provided for liens
on real estate in Section 35-11-233(b). (b) In conveying real estate to the association the
declarant shall have that real estate released from: (i) all liens the foreclosure of which
would deprive unit owners of any right of access to or easement of...
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12-11-60
Section 12-11-60 Settlements of estates. (a) When any error of law or fact has occurred in
the settlement of any estate of a decedent to the injury of any party, without any fault or
neglect on his part, such party may correct such error by filing a complaint in the circuit
court within two years after the final settlement thereof. The evidence filed in the probate
court in relation to such settlement must be received as evidence in the circuit court, with
such other evidence as may be adduced. A failure to appeal from the decree of the probate
court shall not be held to be such fault or neglect as will bar the plaintiff the remedy herein
provided. (b) The limitations of subsection (a) of this section do not extend to infants or
persons of unsound mind who are allowed two years after the termination of their respective
disabilities, but in no case to exceed 20 years. (c) Errors of law or fact in the settlement
of accounts of guardians may be corrected in the circuit court according to...
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2-23-4
Section 2-23-4 Requirements as to labeling generally; false or misleading statements on package
labels; delivery slips, etc., prohibited. (a) Agricultural liming materials sold or offered
for sale in this state for use herein or sold for importation into this state for use herein
shall have affixed to each container in a conspicuous manner on the outside thereof a clearly
legible printed or stamped label, tag or statement or, in the case of bulk sales, a delivery
slip, setting forth at least the following information: (1) The name and principal office
of the manufacturer, processor or distributor; (2) The brand name of the material; (3) The
identification of the product as to the type of agricultural liming material, as defined in
subdivisions (2) through (9) of Section 2-23-2; (4) The minimum percent guaranteed by weight
passing through U. S. standard sieves as prescribed by regulations of the board; (5) The minimum
guaranteed calcium carbonate equivalent; (6) The minimum guaranteed...
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