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12-11-31
Section 12-11-31 Equitable jurisdiction. The powers and jurisdiction of circuit courts as to
equitable matters or proceedings shall extend: (1) To all civil actions in which a plain and
adequate remedy is not provided in the other judicial tribunals. (2) To all cases founded
on a gambling consideration, so far as to sustain a petition for discovery and grant relief.
(3) To subject an equitable title or claim to real estate, and generally all equitable assets
to the payment of debts. (4) To such other cases as may be provided by law. (5) To establish
and define uncertain or disputed boundary lines, whether the complaint contains an independent
equity or not. (Code 1852, §602; Code 1867, §698; Code 1876, §616; Code 1886, §720; Code
1896, §638; Code 1907, §3052; Acts 1923, No. 589, p. 764; Code 1923, §6465; Code 1940,
T. 13, p. 1323, §129.)...
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6-10-97
Section 6-10-97 Reduced homestead incapable of allotment - Sale - Proceedings when no bid in
excess of $6,000 received. (a) If, at such sale or any subsequent sale, no bid in excess of
$6,000 is received, the representative must report that fact to the court; and thereupon the
court must make an order directing the report to lie over 30 days, during which time any person
interested in the sale may file written exceptions attacking the fairness of the sale, stating
the grounds of such exceptions. Upon the filing of such exceptions, a day must be appointed
to hear the same, 10 days' notice thereof given and other proceedings had as provided in this
division for the hearing of exceptions to a report allotting homestead, so far as such provisions
are applicable. (b) If, on the hearing of such exceptions, the court is satisfied from the
evidence that the failure to obtain a bid of more than $6,000 was due to a want of fairness
in the conduct of the sale or to fraud or collusion thereat, an...
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6-5-153
Section 6-5-153 Effect of establishment of nuisance in criminal proceedings. In case the existence
of such nuisance is established in a criminal proceeding in a court not having equitable jurisdiction,
the district attorney shall proceed promptly under this division to enforce the provisions
and penalties thereof, and the finding of the defendant guilty in such criminal proceedings,
unless reversed or set aside, shall be conclusive as against the defendant as to the existence
of the nuisance. The proceeds of the sale of the personal property as provided in Section
6-5-152 shall be applied in payment of the costs of the action and abatement, including the
plaintiff's costs, or so much of such proceeds as may be necessary, except as provided in
this division. (Acts 1919, No. 53, p. 52; Code 1923, §9296; Code 1940, T. 7, §1107.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-153.htm - 1K - Match Info - Similar pages
9-8-23
Section 9-8-23 Creation and incorporation of districts; increase or decrease in boundaries;
reorganization; change of name. (a) Any 25 owners of land lying within the limits of the territory
proposed to be organized into a district may file a petition with the State Soil and Water
Conservation Committee asking that a soil and water conservation district be organized to
function in the territory described in the petition. Such petition shall set forth: (1) The
proposed name of said district; (2) That there is need in the interest of the public health,
safety and welfare for a soil and water conservation district to function in the territory
described in the petition; (3) A description of the territory proposed to be organized as
a district, which description shall not be required to be given by metes and bounds or by
legal subdivisions but shall be deemed sufficient if generally accurate; and (4) A request
that the State Soil and Water Conservation Committee duly define the boundaries...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-8-23.htm - 18K - Match Info - Similar pages
40-10-74
Section 40-10-74 Right of purchaser or assignee to possession; redemption when lien is recorded.
Any purchaser of lands at a tax sale other than the state or anyone claiming under him shall
be entitled to possession of said lands immediately upon receipt of certificate of sale from
the tax collector; and, if possession is not surrendered within six months after demand therefor
is made by said purchaser or his assignee, the said purchaser or his assignee may maintain
an action in ejectment or a statutory real action in the nature of ejectment, or other proper
remedy for the recovery of the possession of the lands purchased at such sales and shall be
entitled to hold the possession thereof on recovery, subject, however, to all rights of redemption
provided for in this title. If the mortgage or other instrument creating a lien under which
a party seeks to redeem is duly recorded at the time of said tax sale, the said party shall,
in addition to the time in this title specified, have the...
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40-29-26
Section 40-29-26 Sale of seized property. (a) Notice of seizure. As soon as practicable after
seizure of property, notice in writing shall be given by the Commissioner of Revenue or his
delegate to the owner of the property (or, in the case of personal property, the possessor
thereof), or shall be left at his usual place of abode or business. If the owner cannot be
readily located, or has no dwelling or place of business within the state, the notice may
be mailed to his last known address. Such notice shall specify the sum demanded and shall
contain, in the case of real property, a description with reasonable certainty of the property
seized. (b) Notice of sale. The commissioner or his delegate shall as soon as practicable
after the seizure of the property give notice to the owner, in the manner prescribed in subsection
(a), and shall cause a notification to be published in some newspaper published or generally
circulated within the county wherein such seizure is made, or if there be...
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11-40-66
Section 11-40-66 Judicial hearing. (a) The Class 2 municipality shall request that a judicial
hearing on the petition occur not earlier than 30 days nor more than 90 days following the
filing of the petition. At the judicial hearing, any interested party shall have the right
to be heard and to contest the delinquency of the municipal code lien, the adequacy of the
proceedings, the classification of the property as owner occupied, and the amount of the tax
payoff. If the court determines that the information set forth in the petition is accurate,
the court shall render its judgment and order that: (1) The municipal code lien is delinquent.
(2) The amounts of any additional municipal code liens and taxes described in the petition
are delinquent. (3) Proper notice has been given to all interested parties. (4) The property
is not owner occupied. (5) The property as described in the petition be sold in accordance
with the provisions of this article. (6) The sale shall become final and...
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11-54-56
Section 11-54-56 Bonds - Disposition of proceeds from sale. (a) The proceeds derived from the
sale of any bonds issued under authority of this article, other than refunding bonds, shall
be used only to pay the cost of acquiring, constructing, improving, enlarging, equipping and
furnishing one or more projects as may be provided in the proceedings in which the bonds are
authorized to be issued. (b) Such cost shall be deemed to include the following: (1) The cost
of acquiring any land forming a part of the project; (2) The cost of the labor, materials
and supplies used in any such construction, improvement or enlargement, including architect's
and engineer's fees and the cost of preparing contract documents; (3) The purchase price of
and the cost of installing equipment, furniture and furnishings for the project; (4) The cost
of landscaping the lands forming a part of the project and of constructing and installing
roads, sidewalks, curbs, gutters, utilities and parking facilities in...
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11-57-16
Section 11-57-16 Bonds - Disposition of proceeds from sale. (a) The proceeds derived from the
sale of any bonds sold by the authority, other than refunding bonds, shall be used only to
pay the cost of acquiring, constructing, improving, enlarging and equipping one or more projects
as may be provided in the proceedings in which the bonds are authorized to be issued. (b)
Such cost, which shall be paid from the proceeds derived from the sale of bonds, shall be
deemed to include the following: (1) The cost of acquiring any land forming a part of the
project; (2) The cost of the labor, materials and supplies used in any such construction,
improvement or enlargement, including architect's and engineer's fees and the cost of preparing
contract documents and advertising for bids; (3) The purchase price of and the cost of installing
equipment for the project; (4) The cost of landscaping the lands forming a part of the project
and of constructing and installing roads, sidewalks, curbs, gutters,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-57-16.htm - 2K - Match Info - Similar pages
22-21-149
Section 22-21-149 Bonds - Use of proceeds. (a) The proceeds derived from the sale of any bonds
sold by the authority, other than refunding bonds, shall be used only to pay the cost of acquiring,
constructing, improving, enlarging and equipping one or more projects, as may be provided
in the proceedings in which the bonds are authorized to be issued. Such cost shall be deemed
to include the following: (1) The cost of any land forming a part of such project or projects;
(2) The cost of the labor, materials and supplies used in any such construction, improvement
or enlargement, including architect's and engineer's fees and the cost of preparing contract
documents and advertising for bids; (3) The purchase price of, and the cost of, installing
equipment for such project or projects; (4) The cost of landscaping the lands forming a part
of such project or projects and of constructing and installing roads, sidewalks, curbs, gutters,
utilities and parking places in connection therewith; (5)...
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