6-6-70
Section 6-6-70 On what property and persons; endorsement on writ; taking of property into possession.
Attachments may be levied on real estate, whether a fee simple or any less legal estate, or
on personal property of the defendant or may be executed by summoning any person indebted
to the defendant or liable to him on a contract for the delivery of personal property or for
the payment of money which may be discharged by the delivery of personal property or on a
contract payable in personal property or a person having in his possession, or under his control,
any money or effects belonging to the defendant; and the officer executing the writ must endorse
such levy or service thereon and, if practicable, take the property into his possession, unless
replevied as prescribed in Division 4 of this article. (Code 1852, §2516; Code 1867, §2943;
Code 1876, §3268; Code 1886, §2945; Code 1896, §540; Code 1907, §2940; Code 1923, §6188;
Code 1940, T. 7, §861.)...
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19-3-24
Section 19-3-24 Duty of trustee to make inventory; filing of copies; supplemental inventories.
It is the duty of the trustee of an express trust created for the payment of debts, within
20 days after entering upon the execution of such trust, to make an inventory of the entire
trust property so far as the same has come to his possession or knowledge, describing the
real estate and grouping and classifying the personal property in as brief and comprehensive
manner as may be consistent with its proper identification and appraisement, and stating the
amount and character of all choses in action, with the names of debtors, belonging to the
trust. In reducing such inventory to writing, the trustee must leave appropriate spaces opposite
each article or item, with proper caption, in which spaces the appraised value may be inserted
by the appraisers. The trustee must, within the time above stipulated, file, in the office
of the register or clerk of the county in which the most valuable portion...
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35-11-21
Section 35-11-21 Enforcement. For the enforcement of such lien, the owners of such land or
their assignees, may have process of attachment from any court having jurisdiction of the
amount claimed leviable upon the timber upon which the lien exists: (1) When such claim is
due and the defendant, on demand, fails or refuses to pay the same. (2) Whether such claim
is due or not, when the defendant has removed any part of such timber from such land without
paying the stipulated price, or the value thereof, when no price has been stipulated, and
without the consent of the owners of such lands, or, if the claim has been assigned, without
the consent of the assignee. (3) Whether such claim is due or not, when the plaintiff has
good cause to believe that the defendant is about to remove any part of such timber from such
land without paying the stipulated price thereof, or, in the event no price has been stipulated,
the value thereof, and without the consent of the owners of such lands, or, if...
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6-10-88
Section 6-10-88 Report of appraisers or commissioners - Hearing and determination on exceptions;
proceedings when exemption of personalty excessive or insufficient. (a) On the day fixed for
the hearing of such exceptions, an issue shall be made up under the direction of the court
and the same shall be tried as other issues in the court are tried, the party excepting being
the plaintiff on whom shall rest the burden of proof. On the hearing, the court may confirm
or set aside the report, as the right may appear. (b) But if the exceptions relate to the
exemption of personal property and are based on the ground that it is excessive or insufficient,
the court, if the exceptions are sustained, must not set aside the report, but shall ascertain
the amount of such excess or insufficiency and, if excessive, shall order the restoration
to the personal representative of property sufficient in value to cure the excess, describing
the same, and shall enforce such order by a writ of restitution;...
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6-9-81
Section 6-9-81 Indemnity bond. (a) When a reasonable doubt exists whether the personal property
levied on belongs to the defendant or whether personal property alleged to be his is subject
to levy and sale, the sheriff may require of the plaintiff, his agent or attorney a bond of
indemnity, and if it is not given within 10 days thereafter, he may restore the property to
the defendant, if levied on, or decline to levy, if one has not been made; but he may be required
to levy and sell at any time thereafter on being indemnified. (b) If any party having the
prior lien refuses to give such indemnity on demand of the sheriff, the party having the next
lien in order may give it and have the property sold for his benefit. (Code 1852, §§2444,
2445; Code 1867, §§2858, 2859; Code 1876, §§3196, 3197; Code 1886, §§2905, 2906; Code
1896, §§1903, 1904; Code 1907, §§4107, 4108; Code 1923, §§7822, 7823; Code 1940, T.
7, §§533, 534.)...
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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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6-5-466
Section 6-5-466 Revival in case of death of one or more defendants jointly sued. (a) The death
of one or more defendants jointly sued does not, as to the defendant dying, abate a claim
upon which an action has been filed if the claim survives; but such a claim may be revived
against the proper representative of such defendant and such representative and the surviving
defendant or defendants may be proceeded against jointly or severally, at the election of
the plaintiff. (b) Under this section, the judgment entered must be several, but against a
personal representative, if he objects, judgment must not be entered until after the expiration
of six months from the grant of letters testamentary or of administration. (c) Under this
section, the satisfaction of one judgment is, as to the plaintiff, a satisfaction of all,
except as to costs; but if requested, the plaintiff must assign, without recourse on him,
the judgment against a principal debtor to the party from whom satisfaction is...
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6-6-121
Section 6-6-121 When defendants evade service of process; dismissal of attachment. (a) When
a summons has been returned "not found" as to all or any of the defendants, residents
of the county, if the plaintiff, his agent or attorney makes an affidavit that the defendant
has evaded the service of the process, the court must direct an attachment to issue, returnable
within 30 days after the levy thereof, and the case must in all respects proceed as against
such defendant as if originally commenced by attachment. (b) The plaintiff may, notwithstanding
such attachment, proceed to judgment against any of the defendants on whom process was served,
but upon a judgment and satisfaction of the debt or claim, the attachment shall be dismissed
at the costs of the plaintiff. (Code 1852, §§2568, 2569; Code 1867, §§2996, 2997; Code
1876, §§3321, 3322; Code 1886, §§2969, 2970; Code 1896, §§559, 560; Code 1907, §§2959,
2960; Code 1923, §§6207, 6208; Code 1940, T. 7, §§880, 881.)...
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6-6-561
Section 6-6-561 Contents of complaint. A complaint under this division must be brought against
the land or the interest therein sought to be established. It must describe said land or the
interest therein sought to be established, with certainty, and state specifically what claim,
title, or interest in, or to, said lands the plaintiff claims to have and from whom and how
such interest or title so claimed in, or to, said lands was obtained. It shall also make party
or parties defendant to said complaint all persons against whom the plaintiff claims title
to said lands, or the interest therein sought to be established, and if the names of such
persons cannot be ascertained by the plaintiff with certainty, they may be designated and
joined as unknown parties. Such complaint shall also make party or parties defendant thereto
all persons who are known to the plaintiff to have had possession of said lands, or any part
thereof, within 10 years next preceding the filing of the complaint, or...
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6-9-160
Section 6-9-160 Restoration of property levied on to debtor upon executing bond; execution
on forfeiture of bond; exception. (a) When personal property is levied on by the sheriff,
if the defendant executes bond with sufficient surety in double the amount of the execution
payable to the plaintiff and conditioned to deliver the property levied on to the proper officer
by 12:00 noon of the day and at the place appointed for the sale thereof, the sheriff must
restore the property to the defendant. (b) If the property is not delivered according to the
condition of the bond, the sheriff must return it forfeited within five days thereafter to
the register or clerk's office out of which the execution issued, endorsing thereon a forfeiture
of the bond; and it is then the duty of the clerk or register, without delay, to issue execution
on the forfeited bond against all the obligors therein for the judgment and costs, upon which
no security of any kind can be taken, which he must endorse on the...
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