35-4-70
Section 35-4-70 Affidavits - Admissibility as evidence. In any litigation over any of the lands
referred to and described in any of such affidavits, in any court in the state of Alabama
or in any proceedings in any such court involving the title to such lands, wherein the facts
recited in such affidavits may be material, the said affidavits or certified copies of the
record thereof shall be admissible as evidence of the facts therein recited and shall be sufficient
to prima facie establish such facts. The said affidavits or certified copies thereof shall
only be admissible as evidence in the event the parties making the affidavits are deceased,
are nonresidents of the state, their residence is unknown to the parties offering the affidavits,
or such parties are too old, infirm, or sick to attend court. (Acts 1915, No. 805, p. 919;
Code 1923, §6874; Code 1940, T. 47, §117; Acts 1945, No. 343, p. 559.)...
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6-6-566
Section 6-6-566 Prima facie and conclusive evidence of title. (a) Against all parties to the
complaint who have made no answer thereto within the time allowed for such purpose and against
all persons not intervening in said case and claiming an interest in said lands prior to the
time the case became at issue, proof of actual, peaceable possession by the plaintiff and
color of title to said lands in the plaintiff shall be conclusive evidence of title to said
lands in the plaintiff. (b) Against all persons who have neither paid any taxes upon said
lands nor had any possession thereof, or of any part thereof, during the five years next preceding
the filing of the complaint, against all parties to the complaint who have made no answer
thereto within the time allowed for such purpose and against all persons not intervening in
said case and claiming an interest in said lands prior to the time the case became at issue,
proof of color of title to said lands in the plaintiff or in the...
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6-6-572
Section 6-6-572 To whom title or interest inures. When title or interest is established in
anyone under the provisions of this division, it shall inure to the benefit of all persons
who derive title to said lands, or any interest, from or through the person in whose favor
such title or interest is so established, and such title or interest shall be at all times
treated and considered as though it had been established in favor of the person so procuring
or deriving title. (Acts 1923, No. 526, p. 699; Code 1923, §9927; Code 1940, T. 7, §1131.)...

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35-6-23
Section 35-6-23 Determination of questions of title and adjustment of equities. (a) If the
title of the plaintiffs seeking partition or sale of lands for a division shall be controverted,
or should the title or claim of any of the parties to the action be adverse to that of one
or more of the other parties, the question of title shall be tried and determined in the action
by the circuit court, which shall have power to determine all questions of title, and to remove
all clouds upon the title, if any, of the lands, whereof partition is sought and to apportion
incumbrances, if partition be made of land incumbered and it be deemed proper to do so; and
the court may adjust the equities between and determine all claims of the several cotenants
or claimants as well as the equities and claims of the incumbrancers; and may adjust, settle,
and determine all questions as to dower or curtesy as if separate proceedings had been brought
to settle and determine these questions. (b) In actions for...
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43-2-791
Section 43-2-791 Application for order for sale - Form and contents; verification; notice to
heirs and devisees. Such application shall be in writing, verified by affidavit, shall contain
an accurate description of the lands sought to be sold and shall set forth the names and places
of residence of the heirs or devisees and whether they are under or over the age of 19 years;
and the court shall give notice to such heirs or devisees of the filing of such application
and of the day appointed to hear the same by publication once a week for three successive
weeks in some newspaper published in the county or, if none is published therein, in the newspaper
published nearest to the courthouse of such county, by posting notice at the courthouse door
for the same length of time and by forwarding notices to those whose places of residence are
known. If any of the heirs or devisees are unknown, they may be made parties in the manner
provided by section 43-2-447. (Code 1886, §2259; Code 1896,...
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6-6-545
Section 6-6-545 Costs. No judgment for costs shall be had under this division against a defendant
who suffers a judgment by default against him or who, in his answer, disclaims all title to,
interest in, or encumbrance on the lands; but the court shall, in those cases, without further
proof, adjudge that such defendant has no estate or interest in or encumbrance on such lands,
or any part thereof. Any defendant who shall, by answer under oath, deny that he claims, or
ever has claimed, or pretended to have any estate, interest, or encumbrance in, or upon, such
lands, or any part thereof, shall be entitled to recover his costs in the action. (Code 1896,
§813; Code 1907, §5448; Code 1923, §9910; Code 1940, T. 7, §1114.)...
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40-7-31
Section 40-7-31 Assessment to "owners unknown." Whenever the tax assessor knows or
learns of any property, real or personal, subject to taxation in his county, the owner of
which he does not know and which is not embraced in any tax return made to him on or before
the third Monday in January by any taxpayer, he shall list and make upon the proper blank
a return describing said property according to the best information he can obtain and assess
the same "owner unknown" at the amount specified by law on a fair and reasonable
market value, and in any notice or advertisement or motion for judgment of sale it shall be
described as so returned; and he shall also note the failure of the owner to make such return
and shall also note the accrual of the penalty of 10 percent of the taxes to be assessed thereon.
No lands shall be returned to "owner unknown" until the assessor shall have made
a demand upon the person, if resident in the county, or by certified or registered mail, if
nonresident,...
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42-2-2
Section 42-2-2 Application. The application of the United States or its agent must be in writing,
verified by the oath of an agent or attorney, and must state with certainty the uses or purposes
for which the land is to be taken or the interest or easement therein to be acquired, and
must state the name and residence of the owner if known or, if unknown, must show that reasonable
diligence has been used to ascertain the same. (Code 1907, §2415; Code 1923, §3149; Code
1940, T. 59, §5.)...
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35-6-115
Section 35-6-115 Decree of partition or sale; effect on existing liens. (a) If, on the hearing,
the court is satisfied from the evidence that the parties are joint owners or tenants in common
in the crops, a decree must be entered, declaring the interest or share each has therein,
and ordering the crops divided in specie, or sold for division, as may appear from the evidence
more practicable and better for the interests of the parties; and if any liens exist on the
crops, or on any interest or share therein, in favor of any of the parties, such liens, and
the extent and amount thereof, must be declared; and if a division in specie is ordered, such
liens shall be charges only on the shares of the parties against whom they exist, but if a
sale is ordered, the proceeds of the shares or interest upon which they exist, after payment
of their part of the costs, shall be applied to the satisfaction of such liens. (b) When any
lien exists on the crops, or on any share or interest therein, in...
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35-6-120
Section 35-6-120 Objections to commissioners' report; confirming or setting aside report. Any
of the parties may file objections to the report of the commissioners making the division,
within 10 days after the same is returned, and, when filed, a day must be appointed to hear
the same, of which notice, not exceeding 10 days, shall be given to all the other parties
in interest; and on the evidence adduced on such hearing, the report shall be confirmed or
set aside, as equity and justice may demand; and if the report is set aside, new commissioners
shall be appointed to make division, who shall proceed as provided in this article for those
originally appointed. (Code 1876, §3528; Code 1886, §3275; Code 1896, §3200; Code 1907,
§5246; Code 1923, §9350; Code 1940, T. 47, §243.)...
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