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6-6-164
Section 6-6-164 Claims based on mortgage or lien; ascertainment of amount; payment by
plaintiff; sale of property and application of proceeds. When the claim interposed is based
on a mortgage or lien, the claimant must state in his affidavit the nature of the right which
he claims; and, in case such claim is sustained on the trial, the amount of it, whether then
due or not, with interest to the date of the trial, must be ascertained by the jury or judge,
as the case may be. The plaintiff may, within 10 days from date of said ascertainment, pay
to the mortgagee or his assignee or to the lien holder the amount ascertained to be due; and
in such case the property shall be sold as well for the payment of the debt secured by the
mortgage or the lien, as ascertained, as for the satisfaction of the plaintiff's judgment,
the proceeds of the sale to be applied first, after payment of the costs, to reimburse the
plaintiff the amount so paid by him to such mortgagee or lien holder, and the claim...
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6-6-160
Section 6-6-160 Claim of persons not party to writ of execution or attachment, etc.,
to personal property levied on; affidavit and bond; delivery of property to claimant. When
an execution, attachment or other like writ, issued from any court or by any officer, is levied
on personal property as to which any person not a party to the writ claims to own the title,
legal, or equitable, or a lien paramount to the right, title, or interest in the property
of the defendant in the writ, such person may try the right to such property before a sale
thereof upon making affidavit by himself, his agent, or attorney, which may be taken by the
officer levying the writ or any officer authorized to administer oaths that he holds such
title to, or such lien upon, the property claimed and executing bond with two good and sufficient
sureties, to be approved by the officer making the levy and payable to the plaintiff in double
the value of the property levied on and claimed, the value thereof to be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-160.htm - 2K - Match Info - Similar pages
6-10-33
Section 6-10-33 Contest of exemption claim - Proceedings when claim of personalty found
excessive. When, on a contest of a claim of exemption to personal property, the issue is whether
or not the claim is excessive and such issue is found in favor of the plaintiff, it must also
be ascertained by the finding of the court or the verdict of the jury, as the case may be,
how much and what portion of the property is exempt, describing the same with its value, approximating
in value as nearly as practicable $3,000, and the residue of the property shall be sold, and
out of the proceeds of sale there shall be paid to the defendant an amount which, when added
to the value of the property found to be exempt, will make the exemption equal to $3,000,
and the balance shall be applied to the payment of the costs and satisfaction of the process.
(Code 1876, §2839; Code 1886, §2529; Code 1896, §2055; Code 1907, §4182; Code 1923, §7904;
Code 1940, T. 7, §647; Acts 1980, No. 80-569, p. 879, §4.)...
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40-10-77
Section 40-10-77 Defense of action fails on grounds other than that taxes were not due.
THIS SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY
1, 2020. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. If, in an action brought
against such purchaser or other person claiming under the purchaser to recover possession
of lands sold for taxes, the defendant claims and defends under the tax title and the defense
fails on the ground that such sale was invalid for any reason other than that the taxes were
not due, and the plaintiff recovers, the court shall forthwith, on the motion of the defendant,
ascertain the amount of taxes for which the lands were liable at the time of the sale and
for the payment of which they were sold, with interest thereon from the day of sale, and the
amount of such taxes on the lands, if any, as the defendant or the person under whom he or
she claims has, since such sale, lawfully paid or assumed, in case of the state,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-10-77.htm - 2K - Match Info - Similar pages
25-5-8
Section 25-5-8 Employers' options to secure payment of compensation. (a) Option to insure
risks. An employer subject to this chapter may secure the payment of compensation under this
chapter by insuring and keeping insured his or her liability in some insurance corporation,
association, organization, insurance association, corporation, or association formed of employers
and workers or formed by a group of employers to insure the risks under this chapter, operating
by mutual assessment or other plans or otherwise. Notwithstanding the foregoing, the insurance
association, organization, or corporation shall have first had its contract and plan of business
approved in writing by the Commissioner of the Department of Insurance of Alabama and have
been authorized by the Department of Insurance to transact the business of workers' compensation
insurance in this state and under the plan. Notwithstanding any other provision of the law
to the contrary, the obligations of employers under law for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-8.htm - 14K - Match Info - Similar pages
15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment
set forth in this section in all cases in which they are applicable, are sufficient,
and analogous forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY.
The State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county
charge that, before the finding of this indictment, etc. (describing the offense as in the
following forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney
of the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary
to law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-8-150.htm - 33K - Match Info - Similar pages
35-11-5
Section 35-11-5 Affidavit and bond required before issue of attachment. In all cases
in this chapter where the process of attachment is authorized, and unless otherwise particularly
provided for in the article declaring the lien, before such attachment shall issue, the plaintiff,
his agent or attorney must make affidavit setting forth the amount of such claim, or if a
toll is claimed, the reasonable value thereof, that one of the enumerated causes for attachment
prescribed in the applicable article exists, that the attachment is not sued out for the purpose
of vexing or harassing the defendant, whether or not the debt or toll is due, and if not,
when the same will be due, that said debt or toll remains unpaid, and must describe therein,
as near as practicable, the property on which the lien is claimed. He must also execute a
bond in double the amount claimed, with sufficient sureties to be approved by the officer
issuing the attachment, payable to the defendant and with the condition...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-11-5.htm - 1K - Match Info - Similar pages
6-6-282
Section 6-6-282 Actions by mortgagee, etc., against mortgagors, etc. If the action is
by a mortgagee or his assignee against the mortgagor, or anyone holding under him, the defendant
may plead payment of the mortgage debt or the performance of the condition of the mortgage,
or any matter which might be pleaded to a direct civil action for the recovery of the mortgage
debt, except the statute of limitations. The jury must pass upon such answers and must ascertain
the amount of the mortgage debt if any is found to exist. If the verdict is for the defendant,
judgment must be entered for him; but if the verdict ascertains an amount due on the mortgage
debt, judgment must be entered for the plaintiff for the possession of the land and the costs,
and the amount of the mortgage debt, as ascertained by the jury, must be stated in the judgment.
If, within 30 days after the entry of the judgment, the defendant shall pay to the plaintiff,
or to the clerk for his use, such debt, interest, and...
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35-10-22
Section 35-10-22 Partial payments - When entered on margin of record. A mortgagee or
the assignee or transferee of a debt secured by mortgage, or trustee or his assignee or transferee
or cestui que trust of a deed of trust to secure a debt, who has received partial payment,
if the mortgage or deed of trust is of record, must, upon request in writing to enter the
date and amount of such partial payment by the mortgagor, or by a judgment creditor, or other
creditor of the mortgagor having a lien or claim on the property mortgaged, or by a purchaser
from the mortgagor, or upon the written request of the debtor in a deed of trust, enter on
the margin of the record of the mortgage or deed of trust the date and amount of such partial
payment or payments; a mortgagee or the assignee or transferee of a debt secured by mortgage,
or trustee or his assignee or transferee or cestui que trust of a deed of trust to secure
a debt, if the mortgage or deed of trust is of record, must, upon request in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-10-22.htm - 1K - Match Info - Similar pages
40-10-76
Section 40-10-76 Action for possession defeated on grounds other than that taxes were
not due. THIS SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE
JANUARY 1, 2020. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. If, in any action
brought by the purchaser, or other person claiming under the purchaser, to recover the possession
of lands sold for taxes, a recovery is defeated on the ground that such sale was invalid for
any reason other than that the taxes were not due, the court shall forthwith, on the motion
of the plaintiff, ascertain the amount of taxes for which the lands were liable at the time
of the sale and for the payment of which they were sold, with interest thereon from the date
of sale, and the amount of such taxes on the lands, if any, as the plaintiff, or the person
under whom he claims, has, since such sale, lawfully paid or assumed by the state after its
purchase, with interest thereon from the date of such payment, the interest...
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