6-10-96
Section 6-10-96 Reduced homestead incapable of allotment - Sale - Proof of facts; order and
notice; terms; application of proceeds. The facts stated in the application to sell the homestead
for setting apart of exemptions may be proved by the oral testimony of witnesses or by the
records of the probate court, and if the facts stated in such application are proven to the
satisfaction of the court by the evidence, the court may order the sale of said homestead,
and notice of said sale shall be given as directed by Section 43-2-455. Said homestead must
be sold on such terms as the court may direct, not exceeding a credit of three years, but
in no case shall the cash payment be less than $6,000, and said sum of $6,000 shall, in the
discretion of the court, be applied by the court to the purchase of a homestead for the benefit
of such surviving spouse and minor children, or either of them, or be paid by the court to
the surviving spouse for the use and support of said surviving spouse and...
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6-6-259
Section 6-6-259 Actions by mortgagees or vendor in conditional sale contract, etc., against
mortgagors or vendees, etc. (a) If the action is by a mortgagee or his assignee against a
mortgagor, or one holding under him, or by a vendor who has made a conditional sale reserving
the title until the entire purchase money shall be paid, or his assignee, against his vendee
or one holding under him, the defendant may, upon suggestion, require that the jury ascertain
the amount of the mortgage debt or the unpaid balance of the purchase price of the article
sold; and if the debt due is ascertained to be less than the value of the property sued for
as assessed by the jury, judgment must be entered for the property sued for or if that is
not to be had, then for the amount of the debt as ascertained by the jury. The court must
also make an order that, if the debt so ascertained, interest and costs, shall be paid within
30 days, no execution or other process shall issue on the judgment; and on...
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7-2A-303
Section 7-2A-303 Alienability of interests, transfer of rights, etc. (1) As used in this section,
"creation of a security interest" includes the sale of a lease contract that is
subject to Article 9A, Secured Transactions, by reason of Section 7-9A-109(a)(3). (2) Except
as provided in subsection (3) and Section 7-9A-407, a provision in a lease agreement which
(i) prohibits the voluntary or involuntary transfer, including a transfer by sale, sublease,
creation, or enforcement of a security interest, or attachment, levy, or other judicial process,
of an interest of a party under the lease contract or of the lessor's residual interest in
the goods, or (ii) makes such a transfer an event of default, gives rise to the rights and
remedies provided in subsection (4), but a transfer that is prohibited or is an event of default
under the lease agreement is otherwise effective. (3) A provision in a lease agreement which
(i) prohibits a transfer of a right to damages for default with respect to...
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12-13-40
Section 12-13-40 Powers of probate judges generally. The probate judge shall have authority:
(1) To administer oaths and take and certify the same in all cases in which administering
such oath and taking such affidavit is not confined expressly to some other officer; (2) To
cause jurors to be impaneled and sworn in any matter of fact pending before him in which the
right to a jury trial is given by law; (3) To appoint guardians ad litem for minors and persons
of unsound mind, when necessary, but he must not appoint as such guardian any clerk, employee
or other person connected with his office or related to him by consanguinity or affinity;
(4) To employ, at his own expense a chief clerk and such other clerks as he deems necessary,
for whose official acts he shall be responsible; (5) To complete the minute entries and decrees
of the court when the same are incomplete on account of the failure to make necessary entries
at the time when they should have been made, but the necessary...
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16-25-23
Section 16-25-23 Exemptions from execution; recovery actions. (a) Except as provided in subsection
(b), the right of a person to a pension; an annuity, or a retirement allowance; to the return
of contributions; the pension, annuity or retirement allowance itself; any optional benefit
or any other right accrued or accruing to any person under the provisions of this chapter;
and the monies in the various funds created by this chapter are hereby exempt from any state
or municipal tax and exempt from levy and sale, garnishment, attachment or any other process
whatsoever, and shall be unassignable except as in this chapter specifically otherwise provided.
(b)(1) Restitution, fines, court costs, fees, or any other financial obligations in a criminal
case ordered by a circuit or district court judge in this state are not subject to the exemption
set out in subsection (a), provided all of the following are satisfied: a. The amount of the
restitution ordered is in the amount of one thousand...
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34-27-67
Section 34-27-67 Registration required of every plan offered for sale. Every vacation time-sharing
plan for sale or offered for sale in this state shall be registered with the Alabama Real
Estate Commission as follows: (1) Upon receipt of an application for registration in the required
form, the commission shall forthwith initiate an examination to determine that: a. The seller
may convey or cause to be conveyed the vacation time-sharing plan offered for sale if the
purchaser complies with the terms of the offer. b. The advertising material and general promotional
plan are not false or misleading as determined by the commission. c. The requirements of this
article and the rules of the commission have been fulfilled. d. The seller has not, or, if
a corporation, its officers, directors, and principals have not been convicted of any crime
involving land dispositions, any crime of moral turpitude, any securities law violation, fraudulent
business activity, or any aspect of the vacation...
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41-10-102
Section 41-10-102 Remedies upon default on bonds, etc. (a) Remedies upon default on bonds or
indenture. If there shall be any default in the payment of the principal of or interest on
any of the bonds issued under this article, or in the performance of any provisions of the
indenture or proceedings authorizing the issuance of such bonds, then the holder of any of
the bonds and the interest coupons applicable thereto and the trustee under such indenture
or any one or more of them shall have and may exercise any one or more of the following remedies:
(1) They may by civil action, mandamus, injunction or other proceeding compel the performance
of all duties of the officers and directors of the corporation with respect to the use of
funds for the payment of the bonds and for the performance of the bonds and the agreements
of the corporation contained in the bonds, the indenture or in the proceedings under which
they were issued; (2) They may institute a civil action and shall be entitled...
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41-10-456
and affairs; (5) to establish a fiscal year; (6) to provide for the construction, renovation,
reconstruction, improvement, alteration, addition, demolition, equipment, operation and maintenance
of public office building facilities (including the State Capitol), surfacing and resurfacing
of land for parking and other uses to produce revenue and for the procurement of sites and
equipment for such facilities; (7) to receive, take and hold by sale, gift, lease, devise
or otherwise, real and personal property of every description, and to manage the same;
(8) to acquire by purchase, gift, or any other lawful means, and to transfer, convey or cause
to be conveyed to the state, any real, personal or mixed property; (9) to borrow money
and issue its bonds in evidence thereof subject to the provisions of this article; (10) to
anticipate by the issuance of its bonds as hereinafter limited the receipt of the revenues
from such public office buildings; (11) as security for the payment of the...
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41-10-631
Section 41-10-631 Notice; contested actions. (a) Upon the adoption by the directors of any
resolution providing for the issuance of bonds, the authority may cause to be published once
a week for two consecutive weeks, in newspapers published or having a general circulation
in the Cities of Birmingham, Montgomery, Huntsville, and Mobile, a notice in substantially
the following form, the blanks being properly filled in, at the end of which shall be printed
the name and title of either the president or the secretary of the authority: "Alabama
21st Century Authority, a public corporation under the laws of the State of Alabama, on the
__ day of __, authorized the issuance of $____ principal amount of bonds for purposes authorized
in Division 1 of Article 17 of Chapter 10 of Title 41, Code of Alabama 1975. The proceeds
from the sale of the bonds are proposed to be issued to finance ___. Any action or proceeding
questioning the validity of the bonds, the security thereof, the use of the...
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41-10-760
Section 41-10-760 Notice - Contested actions. (a) Upon the adoption by the directors of any
resolution providing for the issuance of bonds, the authority may cause to be published once
a week for two consecutive weeks, in newspapers published or having a general circulation
in the Cities of Birmingham, Montgomery, Huntsville, and Mobile, a notice in substantially
the following form, at the end of which shall be printed the name and title of either the
president or the secretary of the authority: "Alabama Economic Settlement Authority,
a public corporation under the laws of the State of Alabama, on the ____ day of ______, authorized
the issuance of $_____ principal amount of bonds for purposes authorized in Article 19, Chapter
10 of Title 41 of the Code of Alabama 1975. The proceeds from the sale of the bonds are proposed
to be used to ___. Any action or proceeding questioning the validity of the bonds, the security
thereof, the use of the proceeds thereof, or the proceedings...
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