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40-10-78
Section 40-10-78 Tender of party claiming adversely to tax title; payment of excess. (a) In
any action under the provisions of either Section 40-10-76 or 40-10-77, the party claiming
adversely to the tax title may, at any time, tender the amounts required in such sections
to be ascertained by the court, with interest as therein prescribed; and no costs accruing
after such tender shall be recovered of him, if, upon a refusal of the tender, he shall pay
such amounts into court. (b) If the party is entitled to recover an excess pursuant to Section
40-10-28, the court shall ascertain the amount of the tender after allowing a credit for any
such amount and shall direct the county treasurer, or other holder of the excess, to pay the
amount of the excess to the court. The county need not be named as a party to the proceedings.
(Acts 1935, No. 194, p. 256; Code 1940, T. 51, §291; Act 2009-508, p. 937, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-10-78.htm - 1K - Match Info - Similar pages
40-10-80
Section 40-10-80 Judgment when party claiming adversely to tax title has made payment or tender.
If, in any action brought to recover the possession of lands sold for taxes by or against
the purchaser or other person claiming under him, it is shown that the party claiming adversely
to the tax title, being entitled to redeem, made within the time allowed for redemption the
payment required by law for the redemption of such lands, or made tender thereof, and the
amount of such tender has been paid into court for the opposite party, judgment must be rendered
in his favor for the costs accruing after such payment or tender, except as against the state.
(Acts 1935, No. 194, p. 256; Code 1940, T. 51, §293.)...
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8-6-19
Section 8-6-19 Civil liabilities of sellers, agents, etc.; remedies of purchasers. (a) Any
person who: (1) Sells or offers to sell a security in violation of any provision of this article
or of any rule or order imposed under this article or of any condition imposed under this
article, or (2) Sells or offers to sell a security by means of any untrue statement of a material
fact or any omission to state a material fact necessary in order to make the statements made,
in the light of the circumstances under which they are made, not misleading, the buyer not
knowing of the untruth or omission, and who does not sustain the burden of proof that he did
not know and in the exercise of reasonable care could not have known of the untruth or omission,
is liable to the person buying the security from him who may bring an action to recover the
consideration paid for the security, together with interest at six percent per year from the
date of payment, court costs and reasonable attorneys' fees,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-6-19.htm - 8K - Match Info - Similar pages
27-44-14
Section 27-44-14 Liability of unpaid assessments; records of negotiations and meetings; association
deemed creditor of impaired or insolvent insurer; judicial distribution of ownership rights
of insolvent insurer; recovery by receiver of certain distributions from controlling affiliates.
(a) Nothing in this chapter shall be construed to reduce the liability for unpaid assessments
of the insureds on an impaired or insolvent insurer operating under a plan with assessment
liability. (b) Records shall be kept of all negotiations and meetings in which the association
or its representatives are involved to discuss the activities of the association in carrying
out its powers and duties under Section 27-44-8. Records of such negotiations or meetings
shall be made public only upon the termination of a liquidation, rehabilitation, or conservation
proceeding involving the impaired or insolvent insurer, upon the termination of the impairment
or insolvency of the insurer, or upon the order of a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-44-14.htm - 4K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-10-76.htm - 1K - Match Info - Similar pages
40-10-83
Section 40-10-83 Effect of payment by original owner or assignee. 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. When the action is against the person for whom the
taxes were assessed or the owner of the land at the time of the sale, his or her heir, devisee,
vendee or mortgagee, the court shall, on motion of the defendant made at any time before the
trial of the action, ascertain (i) the amount paid by the purchaser at the sale and of the
taxes subsequently paid by the purchaser, together with 12 percent per annum thereon, subject
to the limitations set forth in Section 40-10-122(a); (ii) with respect to property located
within an urban renewal or urban redevelopment project area designated pursuant to Chapters
2 or 3 of Title 24, all insurance premiums paid or owed by the purchaser for casualty loss
coverage on insurable structures and the value of all permanent improvements...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-10-83.htm - 2K - Match Info - Similar pages
40-10-77
Section 40-10-77 Defense of action fails 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 an action brought against
such purchaser or other person claiming under the purchaser to recover possession of lands
sold for taxes, the defendant claims and defends under the tax title and the defense fails
on the ground that such sale was invalid for any reason other than that the taxes were not
due, and the plaintiff recovers, the court shall forthwith, on the motion of the defendant,
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 day of sale, and the
amount of such taxes on the lands, if any, as the defendant or the person under whom he or
she claims has, since such sale, lawfully paid or assumed, in case of the state,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-10-77.htm - 2K - Match Info - Similar pages
6-10-88
Section 6-10-88 Report of appraisers or commissioners - Hearing and determination on exceptions;
proceedings when exemption of personalty excessive or insufficient. (a) On the day fixed for
the hearing of such exceptions, an issue shall be made up under the direction of the court
and the same shall be tried as other issues in the court are tried, the party excepting being
the plaintiff on whom shall rest the burden of proof. On the hearing, the court may confirm
or set aside the report, as the right may appear. (b) But if the exceptions relate to the
exemption of personal property and are based on the ground that it is excessive or insufficient,
the court, if the exceptions are sustained, must not set aside the report, but shall ascertain
the amount of such excess or insufficiency and, if excessive, shall order the restoration
to the personal representative of property sufficient in value to cure the excess, describing
the same, and shall enforce such order by a writ of restitution;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-88.htm - 1K - Match Info - Similar pages
6-5-544
Section 6-5-544 Recovery of noneconomic losses; limitation of such losses; mistrial if jury
advised of limitation. (a) In any action for injury whether in contract or in tort against
a health care provider based on a breach of the standard of care, the injured plaintiff and
spouse upon proper proof may be entitled to recover noneconomic losses to compensate for pain,
suffering, inconvenience, physical impairment, disfigurement, loss of consortium, and other
nonpecuniary damage. (b) In no action shall the amount of recovery for noneconomic losses,
including punitive damages, either to the injured plaintiff, the plaintiff's spouse, or other
lawful dependents or any of them together exceed the sum of $400,000. Plaintiff shall not
seek recovery in any amount greater than the amounts described herein for noneconomic losses.
During the trial of any action neither the court nor any party shall advise or infer to the
jury that it may not return an award for noneconomic losses in excess of an...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-544.htm - 1K - Match Info - Similar pages
27-14-32
Section 27-14-32 Exemption from debt of proceeds - Annuity contracts. (a) The benefits, rights,
privileges, and options which under any annuity contract, heretofore or hereafter issued,
are due or prospectively due the annuitant shall not be subject to execution, nor shall the
annuitant be compelled to exercise any such rights, powers, or options, nor shall creditors
be allowed to interfere with or terminate the contract, except: (1) As to amounts paid for
or as premium on any such annuity with intent to defraud creditors, with interest thereon,
and of which the creditor has given the insurer written notice at its home office prior to
the making of the payments to the annuitant out of which the creditor seeks to recover. Any
such notice shall specify the amount claimed, or such facts as will enable the insurer to
ascertain such amount, and shall set forth such facts as will enable the insurer to ascertain
the insurance or annuity contract, the person insured or annuitant and the...
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