6-9-83
Section 6-9-83 Levy on property of principal first if execution against sureties. When execution
issues against two or more persons, any of whom were sureties on the contract before the judgment,
the sheriff must levy on the property of the principal first, if any can be found in the county,
on the application of such surety; and he may require of the surety affidavit of the fact
of suretyship, which he must file with the execution. (Code 1852, §2448; Code 1867, §2862;
Code 1876, §3200; Code 1886, §2909; Code 1896, §1907; Code 1907, §4112; Code 1923, §7827;
Code 1940, T. 7, §539.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-9-83.htm - 928 bytes - Match Info - Similar pages

43-2-562
Section 43-2-562 Settlement by sureties of deceased executor or administrator - Petition for
order requiring sureties to make settlement. In any case where an executor or administrator
shall die without having made a final settlement of his administration and a successor is
appointed, such succeeding executor or administrator or the heirs and distributees, legatees
or cestui que trust may, by petition to the court in which such estate is pending, have an
order requiring the sureties on such bond to make settlement of such estate in said court
after 10 days' notice of the day fixed by the court or judge thereof. (Acts 1915, No. 98,
p. 138; Code 1923, §5937; Code 1940, T. 61, §332.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-562.htm - 1001 bytes - Match Info - Similar pages

43-2-563
Section 43-2-563 Settlement by sureties of deceased executor or administrator - Conclusiveness
of settlement. In all such cases provided for in section 43-2-562, the settlement therein
provided for shall be final and conclusive against such sureties save the right of review
by appeal or otherwise as now provided by law. (Acts 1915, No. 98, p. 138; Code 1923, §5938;
Code 1940, T. 61, §333.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-563.htm - 704 bytes - Match Info - Similar pages

6-6-165
Section 6-6-165 Return - Where execution issued from probate court; trial in circuit court;
return of execution on forfeited bond. (a) If the levy was made under execution issued from
the probate court, the sheriff must return the original execution to the court from which
it issued with an endorsement thereon showing the interposition of the claim, and he must
return a copy of the execution and of the returns thereon, the affidavit and the bond to the
circuit court of his county, where, after 30 days, the trial of the right of property must
be had according to the provisions of this article. (b) If, in the case provided for in subsection
(a) of this section, the bond is forfeited, the execution on the forfeited bond must be made
returnable to the court from which the original process issued, of which and of the time of
its receipt by the sheriff the clerk must give the judge of probate written notice, which
shall be presumptive evidence of the fact against the sheriff. (Code 1852,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-165.htm - 1K - Match Info - Similar pages

6-6-602
Section 6-6-602 Costs - Liability of informant's sureties. (a) On the dismissal of the action,
judgment must be entered against the sureties of the informant for the costs. (b) In all cases
under this article, in which judgment is entered against the informant for costs, execution
may issue therefor against his sureties. (Code 1852, §§2668, 2669; Code 1867, §§3096,
3097; Code 1876, §§3436, 3437; Code 1886, §§3181, 3182; Code 1896, §§3435, 3436; Code
1907, §§5468, 5469; Code 1923, §§9947, 9948; Code 1940, T. 7, §§1151, 1152.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-602.htm - 921 bytes - Match Info - Similar pages

43-2-330
Section 43-2-330 Authorization by probate court to keep estate together; term. The probate
court may authorize the executor or administrator, on application made and good cause shown,
to keep the real and personal estate, or any portion thereof, together for such length of
time as the court may deem advisable, not exceeding 10 years, and employ laborers to cultivate,
improve, keep in repair and carry on the plantation belonging to the estate. (Code 1852, §1902;
Code 1867, §2263; Code 1876, §2602; Code 1886, §2210; Code 1896, §278; Code 1907, §2743;
Code 1923, §5982; Code 1940, T. 61, §198.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-330.htm - 940 bytes - Match Info - Similar pages

43-2-554
Section 43-2-554 When execution may be stayed. The probate court may stay execution on any
decree rendered under the provisions of section 43-2-553, for any time not exceeding six months,
if, in the judgment of the court, the interest of the estate requires extension. (Code 1867,
§2168; Code 1876, §2540; Code 1886, §2177; Code 1896, §245; Code 1907, §2696; Code 1923,
§5929; Code 1940, T. 61, §324.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-554.htm - 739 bytes - Match Info - Similar pages

43-2-664
Section 43-2-664 Order after hearing. Should the court find the allegations of the petition
or complaint to be true, it shall enter an order, decree or judgment in said cause discharging
the executor or the administrator and the sureties on their official bonds from all liability
growing out of the administration of said estate. Should it find otherwise, the court shall
dismiss the petition or complaint. (Acts 1953, No. 687, p. 939, §6.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-664.htm - 749 bytes - Match Info - Similar pages

11-51-15
Section 11-51-15 Appeal from judgment of circuit court. An appeal staying the execution of
the judgment of the circuit court may be taken to the Supreme Court from any final judgment
in any tax case upon the appellant entering into bond, with good and sufficient sureties,
in an amount to be fixed by the judge of the court entering the judgment, conditioned to pay
the judgment of the Supreme Court when rendered; provided, that no sureties on any bond shall
be required of a city or town. (Code 1907, §1332; Code 1923, §2147; Code 1940, T. 37, §693.)...

alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-51-15.htm - 870 bytes - Match Info - Similar pages

43-2-393
Section 43-2-393 When executor or administrator may give note, etc., to extend or settle debt.
Any executor or administrator, by authority of the probate court given on his written application,
may, in his representative capacity, give his note, bond or bill for the purpose of extending
or settling a debt of the decedent, or settling a debt contracted by such representative for
articles, or for work and labor for the estate; and for such note, bond or bill the estate
is liable, and the executor or administrator is not personally liable. But the heirs, devisees,
distributees or legatees must have 10 days' notice of such application. (Code 1867, §2066;
Code 1876, §2432; Code 1886, §2091; Code 1896, §141; Code 1907, §2605; Code 1923, §5830;
Code 1940, T. 61, §226.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-393.htm - 1K - Match Info - Similar pages