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6-10-91
Section 6-10-91 Report of appraisers or commissioners - Appeal from decree on exceptions. From
the decree of the probate court pronounced on such exceptions, either party feeling aggrieved
may within 42 days appeal to the supreme court by filing a notice of appeal with the probate
court. Such appeal shall be taken in accordance with the Alabama Rules of Appellate Procedure.
(Code 1876, §2841; Code 1886, §2559; Code 1896, §2089; Code 1907, §4216; Code 1923, §7939;
Code 1940, T. 7, §682.)...
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43-2-621
Section 43-2-621 Orders of distribution - To whom directed; contents. All orders of distribution
must be directed to three disinterested persons appointed by the court, must specify the property
to be divided, the persons and their respective shares and must require them to return their
proceedings on a day specified in such order. (Code 1852, §1792; Code 1867, §2119; Code
1876, §2496; Code 1886, §2162; Code 1896, §230; Code 1907, §2713; Code 1923, §5951; Code
1940, T. 61, §351.)...
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35-6-57
Section 35-6-57 Sale instead of partition - When sale ordered. If, after a decree for partition
and the appointment of commissioners it shall appear from the report of the commissioners,
or on exceptions to their report, that a just and equal division of the land cannot be made,
or that a sale will better promote the interest of all the cotenants, the court shall order
a sale of the land, or such part thereof as may be deemed proper, and a division of the proceeds
among those interested, as provided for, and make an equitable partition as provided in this
article of the land not sold. (Code 1907, §5212; Code 1923, §9312; Code 1940, T. 47, §201.)...
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35-7-5
Section 35-7-5 Fees. The district court is entitled to $.50 for issuing the order, and the
fence-viewers to $1.00 each; one half of which is to be paid by each party; and not being
paid in 10 days after the report, execution must issue therefor, with costs for issuing such
execution. (Code 1852, §1107; Code 1867, §1290; Code 1876, §1594; Code 1886, §1372; Code
1896, §2120; Code 1907, §4249; Code 1923, §7979; Code 1940, T. 47, §254.)...
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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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15-21-17
Section 15-21-17 When return to be made; form and contents of return. (a) After due service
thereof, the person to whom a writ of habeas corpus is directed must make his return on the
day therein specified if practicable; and, if no day is specified therein and the place to
which the return is to be made is not more than 30 miles from the place where the party is
imprisoned or detained, the return must be made within two days after service, but if more
than 30 and less than 100 miles, within five days, and if over 100 miles, within eight days
after service. (b) The return must be signed by the person making it and be verified by his
oath, unless he is a sworn public officer and makes the return in his official capacity, and
it must state, plainly and unequivocally whether or not he has the party in his custody or
power or under his restraint and, if so, by what authority and the cause thereof, setting
out the same fully, together with a copy of the writ, warrant or other written...
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42-2-9
Section 42-2-9 Appeal from assessment of damages. Either party may appeal from the assessment
of damages and compensation by the commissioners to the circuit court of the county within
30 days after the making of the order of condemnation, upon the report of the commissioners,
by filing in the court rendering the judgment a written notice of appeal, a copy of which
shall be served on the opposite party, and on such appeal the trial shall be de novo. No appeal
shall suspend the judgment if the applicant shall pay into court in money the amount of damages
assessed and give bond in double the amount so assessed, with good and sufficient surety,
to be approved by the judge of probate, to pay such damages as the owner may sustain. (Code
1907, §2423; Code 1923, §3157; Code 1940, T. 59, §13.)...
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43-2-709
Section 43-2-709 Appeals. (a) Any party to the proceedings to declare an estate insolvent may
appeal to the supreme court or court of civil appeals from the decree or order declaring the
estate insolvent or dismissing the report within 42 days from the rendition of such order
or decree in the manner provided by law for appeals from the probate court in other similar
or like proceedings. (b) If an appeal has been taken on a contest as to the report of insolvency,
the case must, on motion, be continued during the pendency of such appeal. (Code 1852, §1861;
Code 1867, §2210; Code 1876, §2582; Code 1886, §2252; Code 1896, §320; Code 1907, §§2764,
2765; Code 1923, §§6003, 6004; Code 1940, T. 61, §§390, 391.)...
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6-10-101
Section 6-10-101 Proceedings to set apart exemptions when administration not granted on decedent's
estate within 60 days after death - Vesting of title to real property in surviving spouse
and minors and right to possession thereof. If no exceptions are filed and sustained to such
report of the commissioners setting apart the homestead exemption, the title to the real property
so set aside shall vest in the surviving spouse and minors, share and share alike, but only
during the life of the surviving spouse and minority of the children. If all the real property
left by the decedent in this state does not exceed in area and value the homestead allowed
by law as exempt, title to all such real property shall vest absolutely in the surviving spouse,
the children (minors and adults) and the descendants of deceased children, or, if there is
no surviving spouse, in the children and the descendants of deceased children, or, if there
are no children or descendants of deceased children, in the...
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40-10-13
Section 40-10-13 Confirmation of sale. Within 10 days after such sale the tax collector shall
make report of each sale to the probate court and praying confirmation thereof. Such report
shall lie over for a period of five days for exceptions or objections thereto. If upon the
expiration of five days no objections have been filed, or if in the opinion of the court they
are insufficient, and it appearing to the court that the tax collector sold such real estate
in accordance with the law, and the decree of court ordering such sale, the court shall make
and enter an order confirming said sale, which shall be entered on the same book or docket
as the original decree of sale, and ordering the tax collector to issue proper certificates
of purchase to the various purchasers, including the state. (Acts 1935, No. 194, p. 256; Code
1940, T. 51, §260.)...
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