Code of Alabama

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22-21-260
Section 22-21-260 Definitions. As used in this article, the following words and terms, and
the plurals thereof, shall have the meanings ascribed to them in this section, unless otherwise
required by their respective context: (1) ACQUISITION. Obtaining the legal equitable title
to a freehold or leasehold estate or otherwise obtaining the substantial benefit of such titles
or estates, whether by purchase, lease, loan or suffrage, gift, devise, legacy, settlement
of a trust or means whatever, and shall include any act of acquisition. The term "acquisition"
shall not mean or include any conveyance, or creation of any lien or security interest by
mortgage, deed of trust, security agreement, or similar financing instrument, nor shall it
mean or include any transfer of title or rights as a result of the foreclosure, or conveyance
or transfer in lieu of the foreclosure, of any such mortgage, deed of trust, security agreement,
or similar financing instrument, nor shall it mean or include any...
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7-2-403
Section 7-2-403 Power to transfer; good faith purchase of goods; "entrusting." (1)
A purchaser of goods acquires all title which his transferor had or had power to transfer
except that a purchaser of a limited interest acquires rights only to the extent of the interest
purchased. A person with voidable title has power to transfer a good title to a good faith
purchaser for value. When goods have been delivered under a transaction of purchase the purchaser
has such power even though: (a) The transferor was deceived as to the identity of the purchaser,
or (b) The delivery was in exchange for a check which is later dishonored, or (c) It was agreed
that the transaction was to be a "cash sale," or (d) The delivery was procured through
fraud punishable as larcenous under the criminal law. (2) Any entrusting of possession of
goods to a merchant who deals in goods of that kind gives him power to transfer all rights
of the entruster to a buyer in ordinary course of business. (3) "Entrusting"...

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8-12-11
Section 8-12-11 Assignment of mark and registration; fee; recordation and issuance of new certificate;
effect of failure to record. Any mark and its registration under this article shall be assignable
with the good will of the business in which the mark is used, or with that part of the good
will of the business connected with the use of and symbolized by the mark. Assignment shall
be by instruments in writing duly executed and may be recorded with the Secretary of State
upon the payment of a fee of &dollar;30, payable to the Secretary of State, who, upon
recording of the assignment, shall issue in the name of the assignee a new certificate for
the remainder of the term of the registration or of the last renewal thereof. An assignment
of any registration under this article shall be void as against any subsequent purchaser for
valuable consideration without notice, unless it is recorded with the Secretary of State within
three months after the date thereof or prior to such subsequent...
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8-6-91
Section 8-6-91 Definitions. In this article, unless the context otherwise requires, the following
terms shall have the meanings ascribed to them by this section: (1) BANK. A bank, trust company,
national banking association, savings bank, or industrial bank. (2) BROKER. A person, including
a bank, lawfully engaged in the business of effecting transactions in securities for the account
of others and includes a broker lawfully engaged in buying and selling securities for his
own account. (3) ISSUER. A person who places, or authorizes the placing of, his name on a
security other than as a transfer agent to evidence that it represents a share, participation,
or other interest in his property or in an enterprise or to evidence his duty to perform an
obligation evidenced by the security or who becomes responsible for or in place of any such
person. (4) PERSON. Such term includes a corporation, government or governmental subdivision
or agency, business trust, estate, trust, partnership or...
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26-2A-148
Section 26-2A-148 Conservators; title by appointment. (a) The appointment of a conservator
vests in the conservator title as trustee to all property, or to the part thereof specified
in the order, of the protected person, presently held or thereafter acquired, including title
to any property theretofore held for the protected person. Appointment of a conservator does
not terminate a custodianship created under a Uniform Gifts to Minors Act or a Uniform Transfers
to Minors Act, or a valid durable power of attorney, except on order of the court. An order
specifying that only a part of the property of the protected person vests in the conservator
creates a limited conservatorship. (b) Except as otherwise permitted herein, the interest
of the protected person in property vested in a conservator by this section is not transferable
or assignable by the protected person. An attempted transfer or assignment by the protected
person, though ineffective to affect property rights, may generate a...
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27-1-17.1
Section 27-1-17.1 Payment of providers through electronic funds transfer methods. (a) As used
in this section, the following words shall have the following meanings: (1) ACH ELECTRONIC
FUNDS TRANSFER. An electronic funds transfer through the Health Insurance Portability and
Accountability Act (HIPPA) standard Automated Clearing House network. (2) COVERED HEALTH CARE
PROVIDER. A physician as defined in Section 34-24-50.1; a dentist as defined in Section 34-9-1;
a chiropractor as defined in Section 34-24-120; an individual engaged in the practice of optometry
as defined in Section 34-22-1; other licensed health care professionals as defined in Title
34; a hospital as defined in Section 22-21-20; and a health care facility, or other provider
who or that is accredited, licensed, or certified and who or that is performing within the
scope of that accreditation, license, or certification. (3) HEALTH INSURANCE PLAN. Any hospital
and medical expense incurred policy, health maintenance...
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7-2-210
Section 7-2-210 Delegation of performance; assignment of rights. (1) A party may perform his
duty through a delegate unless otherwise agreed or unless the other party has a substantial
interest in having his original promisor perform or control the acts required by the contract.
No delegation of performance relieves the party delegating of any duty to perform or any liability
for breach. (2) Except as otherwise provided in Section 7-9A-406, unless otherwise agreed,
all rights of either seller or buyer can be assigned except where the assignment would materially
change the duty of the other party, or increase materially the burden or risk imposed on him
by his contract, or impair materially his chance of obtaining return performance. A right
to damages for breach of the whole contract or a right arising out of the assignor's due performance
of his entire obligation can be assigned despite agreement otherwise. (3) The creation, attachment,
perfection, or enforcement of a security...
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7-3-305
Section 7-3-305 Defenses and claims in recoupment. (a) Except as stated in subsection (b),
the right to enforce the obligation of a party to pay an instrument is subject to the following:
(1) A defense of the obligor based on (i) infancy of the obligor to the extent it is a defense
to a simple contract, (ii) duress, lack of legal capacity, or illegality of the transaction
which, under other law, nullifies the obligation of the obligor, (iii) fraud that induced
the obligor to sign the instrument with neither knowledge nor reasonable opportunity to learn
of its character or its essential terms, or (iv) discharge of the obligor in insolvency proceedings;
(2) A defense of the obligor stated in another section of this article or a defense of the
obligor that would be available if the person entitled to enforce the instrument were enforcing
a right to payment under a simple contract; and (3) A claim in recoupment of the obligor against
the original payee of the instrument if the claim arose...
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11-40-67
Section 11-40-67 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR SESSION,
EFFECTIVE MAY 16, 2017. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. Redemption of property
prior to sale by payment of redemption amount. (a) At any point prior to the moment of the
sale, any interested party may redeem the real property from the sale by payment of the redemption
amount. Payment shall be made to the Class 2 municipality. Following receipt of the payment,
the Class 2 municipality shall file for dismissal of the proceedings. (b) In the event of
the payment by the owner of the real property, the proceedings shall be dismissed and the
rights and interests of all interested parties shall remain unaffected. (c) In the event of
payment by any interested party other than the owner, the party making the payment shall possess
a lien on the real property for the full amount of the payment, which lien shall have the
same priority as the municipal code lien discussed in subsection (b)...
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18-1A-215
Section 18-1A-215 Effect of failure to pay judgment. (a) If the plaintiff fails to make full
payment of the judgment, or of the full amount awarded for any separate item or parcel of
property described therein, within the time allowed under Section 18-1A-214, the defendant
may treat the failure to make payment as an abandonment of the condemnation action with respect
to the property for which payment has not been made, and may move to vacate the judgment and
for a dismissal under Section 18-1A-230. (b) In determining questions arising under subsection
(a), the circuit court may make appropriate orders to adjust the rights of the parties, including
orders with respect to the possession and use of the property and the performance of any work
thereon, and may award damages, interest, and costs to the defendant as justice requires.
(Acts 1985, No. 85-548, p. 802, ยง1206.)...
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