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11-47-71
Section 11-47-71 Sale, etc., of lands in abandoned cemeteries by corporations, etc.; confirmation
of sales by probate court. (a) Whenever such a cemetery or part thereof has been abandoned
as a cemetery or place of burial for the human dead as provided for in Section 11-47-60 by
the cemetery corporation, association, corporation sole, or other person owning or controlling
the same, the parts or portions thereof in which no interments had been made and such parts
and portions thereof from which all human remains have been removed may be sold by the cemetery
corporation, association, corporation sole, or other person owning or controlling such cemetery
land or may be mortgaged or otherwise pledged as security for any loan or loans made to such
cemetery corporation, association, corporation sole, or other person owning or controlling
such cemetery lands. No order of any court shall be required prior to the making of any such
sale, mortgage, pledge, or other encumbrance of such lands...
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13A-12-70
Section 13A-12-70 Transportation by certain persons; seizure of vehicles used. Any transportation
or conveyance within this state of any slip, ticket, card, paper, writing, article, thing
or other device or paraphernalia which is customarily or usually used in the operation of
a form or type of lottery commonly known as a numbers (or number) game or policy game (herein
called "lottery paraphernalia") or any possession thereof in any vehicle of transportation
by any person who is or has been within three years next preceding actually engaged in or
connected with the setting up, conducting or operation of any such game, or who is or has
been within three years next preceding an employee of a person or persons who are or have
been engaged in setting up, conducting or operating of any such game is hereby declared to
be a misdemeanor; and all conveyances or vehicles of transportation which have been within
three years next preceding or are used by such persons for the conveying or...
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19-1-5
instrument in the name of his principal, the payee is not bound to inquire whether the fiduciary
is committing a breach of his obligation as fiduciary in drawing or delivering the instrument,
and is not chargeable with notice that the fiduciary is committing a breach of his obligation
as fiduciary unless he takes the instrument with actual knowledge of such breach or with knowledge
of such facts that his action in taking the instrument amounts to bad faith. If, however,
such instrument is payable to a personal creditor of the fiduciary and delivered to
the creditor in payment of or as security for a personal debt of the fiduciary to the
actual knowledge of the creditor, or is drawn and delivered in any transaction known by the
payee to be for the personal benefit of the fiduciary, the creditor or other payee
is liable to the principal if the fiduciary in fact commits a breach of his obligation as
fiduciary in drawing or delivering the instrument. (Acts 1943, No. 557, p. 544, §5.)...
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26-2A-20
after the appointment of a conservator, including expenses of administration. (2) CONSERVATOR.
A person who is appointed by a court to manage the estate of a protected person and includes
a limited conservator described in Section 26-2A-148(a). (3) COURT. A probate court of this
state. (4) COURT REPRESENTATIVE. A person appointed in a guardianship or protective proceeding
who is trained in law, nursing, or social work, is an officer, employee, or special appointee
of the court, and has no personal interest in the proceeding. (5) DISABILITY. Cause
for a protective order as described in Section 26-2A-130. (6) ESTATE. Includes the property
of the person whose affairs are subject to this chapter. (7) GUARDIAN. A person who has qualified
as a guardian of a minor or incapacitated person pursuant to parental or spousal nomination
or court appointment and includes a limited guardian as described in Sections 26-2A-78(e)
and 26-2A-105(c), but excludes one who is merely a guardian ad litem. (8)...
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32-7-26
Section 32-7-26 Bond as proof of financial responsibility. (a) Proof of financial responsibility
may be furnished by a bond of a surety company duly authorized to transact business in this
state, or by a bond with at least two individual sureties each owning real estate within this
state and together having equities equal in value to at least twice the amount of such bond,
which real estate shall be scheduled in the bond and approved both as to title and value by
the judge of probate of the county in which such real estate is located. Such bond shall be
conditioned for payments in amounts and under the same circumstances as would be required
in a motor vehicle liability policy and shall not be cancelable except after 10 days' written
notice to the director. The principal and sureties shall execute and deliver an original and
one copy of such bond and schedule and, in addition, when the real property or any part thereof
listed or described in such schedule shall be located in more than...
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35-10-1
Section 35-10-1 Power of sale constitutes part of security; by whom executed; effect of conveyance;
index of foreclosure deeds. Where a power to sell lands is given to the grantee in any mortgage,
or other conveyance intended to secure the payment of money, the power is part of the security,
and may be executed by any person, or the personal representative of any person who,
by assignment or otherwise, becomes entitled to the money thus secured; and a conveyance of
the lands sold under such power of sale to the purchaser at the sale, executed by the mortgagee,
any assignee or other person entitled to the money thus secured, his agent or attorney, or
the auctioneer making the sale, vests the legal title thereto in such purchaser. Probate judges
shall index foreclosure deeds by the names of the original grantor and grantee in the mortgage,
and also by the names of the grantor and grantee in the foreclosure deeds. (Code 1852, §1319;
Code 1967, §1589; Code 1876, §2198; Code 1886,...
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35-10-12
Section 35-10-12 Execution of foreclosure by power of sale; effect; indexing of deeds. Where
a power to sell lands is given in any mortgage, the power is part of the security and may
be executed by any person, or the personal representative of any person who, by assignment
or otherwise, becomes entitled to the money thus secured. A conveyance of the lands sold under
such power of sale to the purchaser at the sale may be executed by the mortgagee, their agents,
attorneys or any person making the sale. Such conveyance vests the legal title of the lands
sold under the power of sale to the purchaser at the sale. Probate judges shall index foreclosure
deeds by the name of the original grantor and grantee in the mortgage, deed of trust, or other
conveyance intended to secure the payment of money, and also by the names of the grantor and
grantee in the foreclosure deed. (Acts 1988, 1st Ex. Sess., No. 88-906, p. 479 §2.)...
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35-12-79
Section 35-12-79 Custody by state; recovery by holder; defense of holder. (a) In this article,
good faith means honesty in fact in the conduct or transaction concerned. (b) Upon payment
or delivery of property to the Treasurer, the state assumes custody and responsibility for
the safekeeping of the property. A holder who pays or delivers property to the Treasurer in
good faith is relieved of all liability arising thereafter with respect to the property. The
payment or delivery of property to the Treasurer shall operate as a full, absolute and unconditional
release and discharge of the holder from any and all claims or demands of or liability to
any person entitled thereto, or to any other claimant or state, and the payment or delivery
may be pleaded as an absolute bar to any action brought against the holder by any other person
entitled thereto, or by any other claimant or state. Once properly pleaded, the holder shall
immediately and thereafter be relieved of and held harmless from...
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35-4-124
Section 35-4-124 Administration and standards. (a) The Electronic Recording Commission consisting
of 14 members is created to adopt standards to implement this division. The members shall
be appointed as follows: (1) Six judges of probate or chief clerks appointed by the Alabama
Probate Judges Association. (2) Two practicing attorneys appointed by the Alabama State Bar
Association. (3) One person engaged in the business of title insurance in the State of Alabama
appointed by the Alabama Land Title Association, a division of the Dixie Land Title Association.
(4) One person appointed by the Alabama Bankers Association. (5) One person appointed by the
Association of County Commissions of Alabama. (6) The Chief Examiner of the Alabama Department
of Examiners of Public Accounts, or his or her designee. (7) The Director of the Alabama Department
of Archives and History, or his or her designee. (8) One person appointed by the Alabama Association
of Realtors. (b) To keep the standards and...
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35-4-131
Section 35-4-131 Notice of actions, etc. (a) When any civil action or proceeding shall be brought
in any court to enforce any lien upon, right to or interest in, or to recover any land, or
where an application has been made to the probate judge of any county for an order of condemnation
of land, or any interest therein, the person, corporation, or governmental body commencing
such action or proceeding or making such application shall file with the judge of probate
of each county where the land or any part thereof is situated a notice containing the names
of all of the parties to the action or proceeding, or the persons named as those having an
interest in the land in the application for an order of condemnation, a description of the
real estate and a brief statement of the nature of the lien, writ, application, or action
sought to be enforced. The judge of probate shall immediately file and record the notice in
the lis pendens record and note on it and in the record the hour and date...
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