Code of Alabama

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43-2-517
Section 43-2-517 Appointment and compensation of special guardian. The jurisdiction of the
probate court to make partial or final settlements or distributions of the estates of decedents
is not affected by the fact that the executor or administrator making the settlement is also
guardian of any heir or distributee, devisee or legatee of the decedent; but in such case
the court must appoint a special guardian, without bond, to represent such heir or distributee,
devisee or legatee on the settlement and distribution; and, upon final settlement, any decree
to which such ward may be entitled must be rendered against the executor or administrator
in the name of the special guardian for the use of the ward; and thereafter the executor or
administrator, in the capacity of guardian, shall be accountable for such decree. The special
guardian shall be entitled to reasonable compensation for his services and for the services
of counsel properly employed to be allowed by the court and to be paid...
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45-3-83
Section 45-3-83 Additional fees; collection; use. In Barbour County, in addition to all other
fees, there shall be taxed as costs the sum of three dollars ($3) in each civil or quasi-civil
action at law other than traffic violation cases, each suit in equity, each criminal case,
each quasi-criminal case, and proceedings on a forfeited bail bond or proceedings on a forfeited
bond given in connection with an appeal from a judgment or conviction in any inferior or municipal
court of the county, in the Circuit Court of Barbour County, or the District Court of Barbour
County, hereinafter filed in or arising in the Circuit Court of Barbour County, or the District
Court of Barbour County, or brought by appeal, certiorari, or otherwise, to the Circuit Court
of Barbour County, or the District Court of Barbour County. In addition to all other fees,
there shall be taxed as costs the sum of two dollars fifty cents ($2.50) for each traffic
violation case. The costs shall be collected as other costs...
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45-4-81
Section 45-4-81 Additional court costs for certain district and circuit cases. (a) In Bibb
County, in addition to all other court charges or fees, there shall be taxed as court cost
the sum of five dollars ($5) in each civil or quasi-civil action at law, suit in equity, criminal
case, quasi-criminal case, proceeding on a forfeited bail bond or proceedings on a forfeited
bond given in connection with an appeal from a judgement or conviction in any inferior or
municipal court of the county, the district or circuit court of Bibb County, hereinafter filed
in or arising in the circuit or district court of Bibb County, or brought by appeal, certiorari,
or otherwise to either of the courts, which costs shall be collected as other costs in such
cases are collected by the clerk, or ex-officio clerk, of the courts or the register of the
circuit court or district court of Bibb County, as the case may be. (b) Such fees, when collected
by the clerks or other collection officers of such courts,...
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6-8-68
Section 6-8-68 Executors, administrators, and guardians in probate court. In all cases where
notice is required by law to be given to executors, administrators, and guardians in the probate
court, if affidavit shall be made that such executor, administrator, or guardian has been
absent from the state for more than three months last passed, such notice shall be given by
publication in a newspaper published in the county where such proceedings are had for two
consecutive weeks or, if there is no such paper, by posting at the courthouse door for 15
days. (Code 1896, §3042; Code 1907, §5183; Code 1923, §9259; Code 1940, T. 7, §715.)...

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3-5-9
Section 3-5-9 Proceedings and entry of judgment discharging livestock or animal, etc., where
same adjudged not unlawfully at large. If on the trial of any action or proceeding brought
under this chapter it is ascertained and adjudged by the judge of the district court that
the livestock or animal taken up by the party complaining was not unlawfully at large upon
the premises of another or upon the public lands, highways, roads or streets in the State
of Alabama, he shall enter a judgment directing that such livestock or animal be discharged
and taxing the party complaining with all the costs. (Acts 1939, No. 368, p. 487; Code 1940,
T. 3, §85.)...
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43-2-627
Section 43-2-627 Setting off indebtedness of distributee or legatee. (a) If, on final settlement,
any distributee or legatee owes the estate any debt, contracted with the decedent in his lifetime
or with the executor or administrator in his representative capacity, the court shall allow
the same in favor of the executor or administrator, as a setoff against the distributive share
of such distributee or legatee and shall decree satisfaction of his distributive share to
the extent of such debt or demand; but the distributee or legatee may make any defense to
the setoff that would be available to him in a direct proceeding for the recovery of the debt.
(b) In no case shall a decree be rendered in favor of the executor or administrator against
such distributee or legatee for the excess, when the debt is greater in amount than the distributive
share; nor shall the executor or administrator be prevented from prosecuting a civil action
in the proper court for any excess that may be due him...
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43-2-89
Section 43-2-89 Force and obligations of former bonds continued. When the additional bond is
not given on the application of a surety, the former bonds are not discharged, but each remains
of the same force and obligation as if such additional bond had not been given; and any person
aggrieved, for a breach of the last bond, may proceed on either or all of the bonds, in the
same or in separate proceedings. (Code 1852, §1716; Code 1867, §2037; Code 1876, §2406;
Code 1886, §2058; Code 1896, §105; Code 1907, §2552; Code 1923, §5774; Code 1940, T. 61,
§108.)...
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6-6-120
Section 6-6-120 In aid of pending action. When an action has been commenced by the filing of
a complaint, whether a summons has been executed or not, the plaintiff, his agent, or attorney
may, at any time before judgment, sue out an attachment in aid of such action, upon making
affidavit and giving bond, as is required in the issue of original attachments, and all proceedings
on such attachments must be conducted as are proceedings on original attachments. Such attachment
may be sued out in any case in which an original attachment may be sued out and may be issued
by the officer having authority to issue original attachments. (Code 1852, §§2566, 2567;
Code 1867, §§2994, 2995; Code 1876, §§3319, 3320; Code 1886, §2967; Code 1896, §558;
Code 1907, §2958; Code 1923, §6206; Code 1940, T. 7, §879.)...
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6-9-143
Section 6-9-143 Liability of purchaser for not complying with terms of sale; form of action
against purchaser. (a) Any person who may become the purchaser of any real or personal estate
at any sale which may be made at public outcry by an executor, administrator or guardian or
by any sheriff or other officer under and by virtue of any execution or other legal process
and who shall fail or refuse to comply with the terms of such sale when requested so to do
shall be liable for the amount of such purchase money, and it shall be at the option of such
sheriff or other officer either to proceed against such purchaser for the full amount of the
purchase money or to resell such real or personal estate and then proceed against the first
purchaser for the deficiency arising from such sale. (b) The action provided for in subsection
(a) of this section may be commenced in the name of the sheriff or other officer making the
sale for the use of the plaintiff or defendant in execution or for any...
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19-3-120
Section 19-3-120 Classes of authorized investments; repeal of conflicting statutes. (a) Unless
otherwise authorized or directed by the court having jurisdiction thereof, or by the will,
trust agreement or other document which is the source of authority, a trustee, executor, administrator,
guardian or one acting in any other fiduciary capacity, other than as a trustee governed by
the Alabama Uniform Trust Code, with the exercise of reasonable business prudence, in addition
to any other investments now permitted by law, may invest funds in securities or investments
which, at the time of the making or purchase thereof, are included in one or more of the following
classes: (1) Bonds or other interest-bearing obligations of the United States of America,
or payment of which the United States of America has guaranteed as to both principal and interest.
(2) Bonds issued by the Federal Land Bank, under the act of Congress of the United States
of America, designated as "the Federal Farm Loan...
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