43-2-628
Section 43-2-628 Discharge of executor or administrator from liability. When the estate has
been fully administered and it is shown by the executor or administrator, by the production
of satisfactory vouchers, that he has paid all sums of money due from him and delivered up,
under the order of the court, all the property of the estate to the parties entitled and performed
all the acts lawfully required of him, the court must make a judgment or decree discharging
him from all liability as such executor or administrator. (Code 1923, §5962; Code 1940, T.
61, §362.)...
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43-2-640
Section 43-2-640 Authorization to make distribution - Distribution by executor or administrator.
When the executor or administrator is satisfied that the estate is solvent, he may, after
six months from the date of the grant of letters testamentary or of administration, make distribution
of the whole or any part of the property without obtaining an order of court, or he may so
report it and obtain an order of distribution as to the whole, or any part of the property;
but, in such case, if the distribution or the order is made before a final settlement of such
estate, neither the distribution, the order, nor the proceedings thereon are a defense in
any action brought against such executor or administrator as such. (Code 1852, §1771; Code
1867, §2097; Code 1876, §2474; Code 1886, §2191; Code 1896, §259; Code 1907, §2724; Code
1923, §5963; Code 1940, T. 61, §365; Acts 1949, No. 614, p. 945.)...
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6-5-156.3
Section 6-5-156.3 Standard of proof; damages and other relief; jurisdiction and powers of court;
appointment of receiver; eviction of tenant. (a) The plaintiff is required by a preponderance
of the evidence to establish that a drug-related nuisance exists. The plaintiff is required
by clear and convincing evidence to establish that the owner of the property who is not a
resident or in actual possession of the property was criminally culpable in aiding and abetting
in the drug related nuisance. (b) If the existence of a drug-related nuisance is found, the
judgment may include actual damages and an injunction to restrain, abate, and prevent the
continuance or recurrence of the drug-related nuisance. The court may grant declaratory relief,
mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction
or order and enforce the judgment or order. (c) The court may retain jurisdiction of the case
for the purpose of enforcing its orders. (d) If the...
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5-13B-115
Section 5-13B-115 Seizure of foreign bank's property and business; liquidation. (a) If the
superintendent finds that any of the factors set forth in Section 5-13B-113 are true with
respect to any foreign bank which is licensed to establish and maintain an Alabama state branch
or Alabama state agency and that it is necessary for the protection of the interests of the
creditors of such foreign bank's business in this state or for the protection of the public
interest that he or she take immediate possession of the property and business of the foreign
bank, the superintendent may by order forthwith take possession of the property and business
of the foreign bank in this state and retain possession until the foreign bank resumes business
in this state or is finally liquidated. The foreign bank may, with the consent of the superintendent,
resume business in this state upon such conditions as the superintendent may prescribe by
regulation or order. (b) At any time within 10 days after the...
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35-4-33
Section 35-4-33 Judgment for specific performance. A judgment for specific performance shall
operate as a deed to convey land or other property without any conveyance being executed by
the vendor. Such judgment, certified by the clerk or register, shall be recorded in the registry
of deeds in the county where the land lies, and shall stand in the place of a deed. In any
action in which the court orders the specific performance of a contract for the sale of real
estate, when it appears from the evidence that the party in whose favor the judgment is made
is entitled to the possession of the real estate as against the other party and that such
other party is in person or by tenants in possession of such real estate, the court may, in
such judgment of specific performance, order the issuance of a writ of possession as in ejectment
cases. (Code 1907, §3366; Code 1923, §6850; Code 1940, T. 47, §35.)...
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6-6-253
Section 6-6-253 Interpleader by defendant of adverse claimant of property; force and effect
of bonds given. (a) If the defendant in a detinue action interpleads a claimant of the property
and the defendant is discharged as provided in the Alabama Rules of Civil Procedure and if
the defendant has retained possession of the chattels, giving bond, the court may order the
chattels to be delivered to such claimant on his giving bond with sufficient surety, to be
approved by the clerk, payable to the plaintiff in the penalty of the bond of the defendant
with condition that if he is not successful in the action he will, within 20 days thereafter,
deliver the chattels and pay all such damages as may be assessed for the detention thereof
and all costs adjudged against him. If such person refuses or neglects to give such bond for
three days after service of his first pleading or motion in the action, the chattels must
be delivered to the plaintiff on his giving bond with sufficient surety, to be...
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9-17-108
Section 9-17-108 Directive order of discontinuance; appeal; injunction; hearings by board;
imposition of penalties. (a) Due to the inherent nature of liquefied petroleum gas which could
cause a danger to the public or to a liquefied petroleum gas user, the board or the board
administrator shall have the administrative authority to issue a written directive order requiring
any person who violates any of the provisions of this article as amended from time to time
or any rule or regulation promulgated by the board to discontinue the operation of any LP-gas
business or LP-gas system immediately and prohibit such person from commencing operations
until said violations have been corrected. When a written directive is issued by the board
or the board administrator, it shall be immediately complied with by the recipient. When a
directive order has been issued against a person, the recipient may, within five days, appeal
to the circuit court of the county in which the said violations occurred....
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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,...
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43-2-851
Section 43-2-851 Bond. (a) The court must require a personal representative or special administrator
to furnish bond payable to the judge of probate conditioned upon faithful discharge of all
duties of the trust according to law, with sureties as it shall specify. Unless otherwise
directed, the bond must be in the amount of the aggregate capital value of the property of
the estate in the personal representative's control, plus one year's estimated income, and
minus the value of securities deposited under arrangements requiring an order of the court
for their removal and the value of any land which the fiduciary, pursuant to Section 43-2-844,
lacks power to sell or convey without court authorization. The court, in lieu of sureties
on a bond, may accept other collateral for the performance of the bond, including a pledge
of securities or any other assets or a mortgage of land. (b) The court may at any time reduce
the bond of the personal representative or require the personal...
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6-5-160.3
Section 6-5-160.3 Standards of proof; remedies; enforcement. (a) A plaintiff is required by
a preponderance of the evidence to establish that a nuisance exists. The plaintiff is required
by clear and convincing evidence to establish that the owner of the property who is not a
resident or in actual possession of the property was criminally culpable in aiding and abetting
the nuisance. (b) If the existence of a nuisance is found, the judgment may include actual
damages and an injunction to restrain, abate, and prevent the continuance or recurrence of
the nuisance. The court may grant declaratory relief, mandatory orders, or any other relief
deemed necessary to accomplish the purposes of the injunction or order and enforce the judgment
or order. (c) The court may retain jurisdiction of the case for the purpose of enforcing its
orders. (d) If a nuisance is found, the court shall have additional power to fashion any one
or more of the following remedies: (1) Assess damages against the...
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