Code of Alabama

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11-51-14
Section 11-51-14 Entry of judgment by circuit court; sale of property for payment of taxes,
etc., generally. If no pleadings setting up a defense shall be filed by the owner of the property
within 30 days after publication has been perfected or within 30 days after service of the
notice by the sheriff, then without further proof a final judgment shall be entered by the
circuit judge adjudging such property liable for such taxes and directing the register or
clerk to sell such property for the payment of the taxes, charges, penalties, interest, and
costs that are charged thereon unless the amount due and the costs shall have been paid to
the register or clerk before the sale. Such sale shall be made as in other civil actions and
need not be confirmed by the court. The judge may consolidate actions against property assessed
to the same owner and may designate the property which shall be sold to pay to the taxes,
charges, interest, penalties and costs charged to all. If any defense is...
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40-10-74
Section 40-10-74 Right of purchaser or assignee to possession; redemption when lien is recorded.
Any purchaser of lands at a tax sale other than the state or anyone claiming under him shall
be entitled to possession of said lands immediately upon receipt of certificate of sale from
the tax collector; and, if possession is not surrendered within six months after demand therefor
is made by said purchaser or his assignee, the said purchaser or his assignee may maintain
an action in ejectment or a statutory real action in the nature of ejectment, or other proper
remedy for the recovery of the possession of the lands purchased at such sales and shall be
entitled to hold the possession thereof on recovery, subject, however, to all rights of redemption
provided for in this title. If the mortgage or other instrument creating a lien under which
a party seeks to redeem is duly recorded at the time of said tax sale, the said party shall,
in addition to the time in this title specified, have the...
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6-6-561
Section 6-6-561 Contents of complaint. A complaint under this division must be brought against
the land or the interest therein sought to be established. It must describe said land or the
interest therein sought to be established, with certainty, and state specifically what claim,
title, or interest in, or to, said lands the plaintiff claims to have and from whom and how
such interest or title so claimed in, or to, said lands was obtained. It shall also make party
or parties defendant to said complaint all persons against whom the plaintiff claims title
to said lands, or the interest therein sought to be established, and if the names of such
persons cannot be ascertained by the plaintiff with certainty, they may be designated and
joined as unknown parties. Such complaint shall also make party or parties defendant thereto
all persons who are known to the plaintiff to have had possession of said lands, or any part
thereof, within 10 years next preceding the filing of the complaint, or...
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40-10-127
Section 40-10-127 Issuance of certificates of redemption. Upon the payment of the amount required
by law for the redemption of the lands sold for taxes by a person entitled to redeem, the
judge of probate, or official who performs the same function, shall issue that person a certificate
of redemption describing the lands, setting forth the facts of the sale substantially as contained
in the certificate of purchase, the date of redemption, the amount paid, by whom the lands
were redeemed, and make the proper entries in the book of sales in his or her office and immediately
give notice of the redemption to the county treasurer or custodian of the county funds. The
judge of probate, or official who performs the same functions, shall sign the certificate.
Unless signed, no certificate shall be held as evidence of redemption, and it shall be the
duty of the judge of probate, or official who performs the same functions, to keep a book
of certificates of redemption, and every blank shall have...
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40-10-75
Section 40-10-75 (Effective January 1, 2020) Right where sale proceedings were defective. THIS
SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020.
THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. In any action brought related to taxes delinquent
on or after January 1, 2020, the interest rate on any amounts awarded pursuant to this section
shall be eight percent. In any other action brought for the possession of land sold for taxes
delinquent before January 1, 2020, the title of the purchaser at the tax sale shall be defeated
on account of any defect in the proceedings under which the sale is had, or on account of
any defect in or insufficiency of the process by which the owner of the land was brought before
the probate court, as is provided, or in the service of the process, or by reason of the failure
of the judge of probate on account of any negligence or refusal on his or her part to produce
when called upon, sufficient evidence of the proper...
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6-9-93
Section 6-9-93 Sale of levied property - Payment to debtor. When, at an execution sale, the
amount of the sale exceeds the judgment, interest and costs, the excess must be paid to the
debtor or his legal representative. When money is paid or collected on an execution, the whole
or any part of which is enjoined, the same must, on demand, be refunded to the debtor or his
legal representative if it has been paid over to the plaintiff, his agent or attorney without
notice of the injunction. (Code 1852, §2452; Code 1867, §2866; Code 1876, §3204; Code 1886,
§2913; Code 1896, §1911; Code 1907, §4118; Code 1923, §7833; Code 1940, T. 7, §545.)...

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40-10-132
Section 40-10-132 List and sale of lands bid in by state. (a) It shall be the duty of the Land
Commissioner to cause to be prepared a suitable book, in which shall be entered a description,
as accurate as can be obtained, of all the lands which have been bid in by the state, with
the amount of state and county taxes due thereon and the date when such lands were bid in;
and, when three years shall have elapsed from the date of sale, such portions of lands as
have not been redeemed shall be subject to sale by the state; and the Land Commissioner, with
the approval of the Governor, may do any of the following: (1) Sell the same at private sale
to any purchaser, who may pay therefor in cash to the Treasurer such sum of money as the Land
Commissioner may ascertain to be sufficient to cover and satisfy all claims of the state and
county, which sum shall not be less than the amount of money for which the lands were bid
in by the state, with interest thereon at the rate of 12 percent per annum...
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40-10-25
Section 40-10-25 Appeal from decree. From any decree rendered by the probate court for the
sale of real estate for the payment of taxes, the defendant in the cause or the state, in
behalf of itself and the county, may appeal to the circuit court of the county within 30 days
after the rendition of the decree. If the defendant appeals, he must execute a bond in double
the amount of the decree, payable to the State of Alabama, with sufficient surety to be approved
by the judge of probate, and conditioned that he will prosecute the appeal to effect and pay
such judgment as the appellate court may render thereon; but the state shall not be required
to execute any bond. The district attorney shall represent the state on such appeal, and of
the pendency thereof the judge of probate must give him notice in writing; and on appeal by
the state, notice thereof shall be given the defendant, as in other cases of appeal from the
court to the circuit court, such appeal must be tried de novo, upon an...
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6-6-560
Section 6-6-560 Who may file complaint to establish right or title to lands or interest therein.
When any person, natural or artificial, claims, either in his own right or in any representative
capacity whatsoever, to own any lands or any interest therein, and is in the actual, peaceable
possession of the land, or if neither he nor any other person is in the actual possession
of the lands and he holds, and has held, color of title to the lands, or interest so claimed,
for a period of 10 or more consecutive years next preceding and has paid taxes on the lands
or interest during the whole of such period, or if he, together with those through whom he
claims, has held color of title and paid taxes on the land or interest so claimed during the
whole of such period of time, or if he and those through whom he claims have paid taxes during
the whole of such period of 10 years on the lands or interest claimed and no other person
has paid taxes thereon during any part of said period, he may, if...
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11-51-18
Section 11-51-18 Sales of property for payment of taxes, etc., generally - Rights and liabilities
of purchaser of property generally. Purchasers at a municipal tax sale shall have the right
of possession of the property so purchased and may enforce the same by an action of ejectment,
and there shall be no liability to account for rents and profits to the party redeeming. (Code
1907, §1331; Code 1923, §2146; Code 1940, T. 37, §692.)...
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