Code of Alabama

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6-10-106
Section 6-10-106 Proceedings to set aside exemptions when husband, wife, or parent absent seven
years and residence not ascertainable - Generally. (a) When the real and personal property
owned by an absent husband, wife, or parent who has not been heard from and whose residence
has been unknown for seven years and whose residence cannot be ascertained by diligent inquiry
does not exceed in amount and value the exemptions allowed in favor of his or her surviving
spouse and minor child or children, or either, the probate court of the county in which he
or she resided before leaving his or her spouse or children, upon the application of the deserted
spouse or, if there is no spouse or he or she does not act, upon the application of the guardian
or of a suitable person who shall be appointed by the judge of probate as next friend of such
minor children, verified by oath and setting forth such facts, must appoint two commissioners,
who shall make a full and complete inventory 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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19-3-40
Section 19-3-40 Sale of real estate; notice to creditors. The trustee may make sale of any
real estate or interest therein belonging to the trust estate, at public outcry to the highest
bidder, after giving notice thereof by publication once a week for three successive weeks
in a newspaper published in the county where the real estate is situated, or, if there be
no such paper, by posting notice at the courthouse door for the same length of time; and of
such sale the trustee must also give notice by mail, postage prepaid, to each creditor, in
time to reach him 10 days before the day of sale. But nothing contained in this section shall
prevent the assignee from exercising the powers of sale or other powers conferred by the deed
of assignment, unless specially restrained from so doing by an order made in writing by the
circuit judge and filed in the court. (Code 1896, §4172; Code 1907, §6074; Code 1923, §10411;
Code 1940, T. 58, §28.)...
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3-5-13
Section 3-5-13 Procedure for sale of livestock or animal when not reclaimed by owner, etc.;
disposition of proceeds of sale. If the owner or his agent shall not, when he has made no
bond, reclaim his livestock or animal within 24 hours after the judge of the district court
shall have ascertained such damages, then the judge of the district court shall order the
same sold by a constable of the precinct or by someone appointed to act as such or by the
sheriff or his deputy or by the law enforcement officer of a municipality. Such officer, upon
the making of such order, shall sell the same upon giving five days' notice of such sale by
publication one time in a newspaper published in the county, said notice to contain a brief
description of the livestock or animal to be sold and the time and place of sale. But out
of the proceeds such officer shall pay the costs and expenses and damages due the plaintiff
and the expenses of taking up, keeping and caring for such livestock or animal, and...
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40-10-129
Section 40-10-129 Deposit of redemption money - Lands bid in by state. When lands which have
been bid in by the state are redeemed, the judge of probate must immediately pay over to the
tax collector of the county the entire amount of money received by such judge of probate on
such redemption. The tax collector shall pay over to the proper authorities the fees of such
officers that accrued in the sale and shall determine the proportionate amounts of the redemption
money belonging to the state, including advertising fees, and the amounts of such redemption
money belonging to the county and to the school fund and to any municipality and to each holder
of a tax lien certificate. The tax collector shall monthly, by the tenth day of the month
next after the month in which the redemption was made, pay over such proportions to the proper
authorities, respectively, after deducting therefrom the commissions allowed by law to tax
collectors for collecting taxes; and he shall certify to the Land...
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6-10-100
Section 6-10-100 Proceedings to set apart exemptions when administration not granted on decedent's
estate within 60 days after death - Generally. (a) When the property, real or personal, owned
by a decedent at the time of his death does not exceed in amount and value the exemption allowed
in favor of his or her surviving spouse and minor child or children, or either, and no administration
is granted on his estate within 60 days after his death, the probate court of the county in
which he resided at the time of his death, upon the application of the surviving spouse or,
if there is no surviving spouse or he or she does not act, upon the application of a suitable
person who shall be appointed by the judge of probate as the next friend of such minor child
or children, verified by oath and setting forth such facts, as well as the names, condition,
and residence, if known, of the heirs of the decedent other than the minor children of the
decedent, must appoint two commissioners, who shall...
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40-10-28
Section 40-10-28 Disposition of excess arising from sale. (a)(1) The excess arising from the
sale of any real estate remaining after paying the amount of the decree of sale, including
costs and expenses subsequently accruing, shall be paid over to a person or entity who has
redeemed the property as authorized in Section 40-10-120 or any other provisions of Alabama
law authorizing redemption from a tax sale, provided proof that the person or entity requesting
payment of the excess has properly redeemed the property is presented to the county commission
within three years after the tax sale has occurred. The county commission may retain any interest
earned on those funds. Until and unless the property is redeemed, the excess funds from the
tax sale shall be held in a separate account in the county treasury during the three-year
period. If at the end of the three-year period there has been no proper request for the excess
funds, those funds and any interest earned on those funds shall be...
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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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11-85-107
Section 11-85-107 Bonds - Authentication; redemption; sale; refunding; use of proceeds; security;
investment of funds. The bonds of the authority shall be signed by its president and attested
by its secretary and the seal of the authority shall be affixed thereto or a facsimile of
such seal shall be printed or otherwise reproduced thereon; provided, that a facsimile of
the signature of one, but not both, of said officers may be printed or otherwise reproduced
on any such bonds in lieu of being manually subscribed thereon and a facsimile of the signatures
of both of the officers may be printed or otherwise reproduced on such bonds in lieu of being
manually affixed thereof if the authority, in its proceedings with respect to issuance of
the bonds, provides for manual authentication of such bonds. The State Treasurer shall be
registrar, transfer agent, and paying agent for the bonds. The State Treasurer may designate
named individuals who are employees of the state and who are assigned to...
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2-2-30
Section 2-2-30 Suspension of sale of article. If at any time the commissioner or his duly authorized
agent shall have reason to believe that any product or article, the possession or sale of
which is regulated by the provisions of this title or the possession or sale of which is regulated
by any other statute which the commissioner, department or board is directed to administer
or enforce, does not comply with the requirements of law or rules and regulations under authority
of law as to ingredients, substance, analysis, marking or labeling, weight or measure, it
shall be his duty by written order to suspend the sale of the same until he shall have satisfied
himself or shall be satisfied by an analysis or otherwise that such product or article is
made up, compounded or marked as required by law and rules and regulations under authority
of law. If he shall find that the same does not comply with such laws and rules and regulations,
either before or after the making of such suspension...
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