6-6-285
Section 6-6-285 Proceedings upon defendant's suggestion of disputed boundary line. The defendant,
within pleading time or within 30 days before the case is called for trial and after notice
to the plaintiff or his attorney of record of his purpose so to do, may file his suggestion
in writing that the action arises over a disputed boundary line, in which suggestion he shall
describe the location of the true line, and the court or jury trying the issue shall ascertain
the true location of the boundary line, and judgment shall be entered accordingly, and shall
order the sheriff to establish and mark the true line as ascertained; and, in such case, the
costs shall be apportioned justly and equitably. A single judgment on such issue of the location
of the true boundary line shall bar another action for the location of the same boundary line.
(Code 1852, §2213; Code 1867, §2614; Code 1876, §2963; Code 1886, §2699; Code 1896, §1533;
Code 1907, §3843; Code 1923, §7457; Code 1940, T. 7,...
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6-6-286
Section 6-6-286 Proceedings upon defendant's suggestion of adverse possession. (a) When an
action is commenced to recover land or the possession thereof, the defendant may, at any time
before the trial, suggest upon the record that he, and those whose possession he has, have,
for three years next before the commencement of the action, had adverse possession thereof,
which must be construed to mean the same character of possession as will put in operation
the statute of limitations. In such case, if the jury finds for the plaintiff, it must also
ascertain by its verdict whether such suggestion is true or false. If the jury finds it to
be false, it must return a verdict for the damages as in ordinary cases. If the jury finds
it to be true, it must assess the value, at the time of trial, of the permanent improvements
made by the defendant, or those whose estate he has, and also ascertain by its verdict the
value of the lands and of the use and occupation thereof, not including the...
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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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40-10-83
Section 40-10-83 Effect of payment by original owner or assignee. 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. When the action is against the person for whom the
taxes were assessed or the owner of the land at the time of the sale, his or her heir, devisee,
vendee or mortgagee, the court shall, on motion of the defendant made at any time before the
trial of the action, ascertain (i) the amount paid by the purchaser at the sale and of the
taxes subsequently paid by the purchaser, together with 12 percent per annum thereon, subject
to the limitations set forth in Section 40-10-122(a); (ii) with respect to property located
within an urban renewal or urban redevelopment project area designated pursuant to Chapters
2 or 3 of Title 24, all insurance premiums paid or owed by the purchaser for casualty loss
coverage on insurable structures and the value of all permanent improvements...
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35-3-20
Section 35-3-20 Order for survey on motion of court. (a) Whenever in any action pending in
the circuit court it is pertinent and material to the determination of the issue or issues
therein or to the proper entering of a description in the judgment therein to establish or
fix a disputed land line or boundaries between coterminous landowners, or to locate the position
of a line of the government survey, or to locate a landmarker or other object, the court may,
as provided in this article, direct a competent surveyor or surveyors to make a survey for
the purpose of fixing or establishing the disputed land line or boundaries between coterminous
landowners or of locating the position of a line of the government survey or of locating a
landmarker or other object. (b) If the court is of the opinion that such survey should be
made it shall enter an order stating the reasons why, in its opinion, such survey should be
made and fixing a day on which to hear objections thereof and directing the...
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43-2-236
Section 43-2-236 Revocation of letters upon proof that supposed decedent is alive - Substitution
of parties; reopening judgments. After revocation of the letters, the person erroneously supposed
to be dead, may, on suggestion filed of record of the proper fact, be substituted as plaintiff
in all actions brought by the administrator, whether prosecuted to judgment or otherwise.
He may in all actions previously brought against his administrator be substituted as defendant
on proper suggestion filed by him, or by the plaintiff therein, but shall not be compelled
to go to trial in less than three months from the time of such suggestion filed. Judgments
recovered against the administrator before revocation, as aforesaid, of the letters may be
reopened on application by the supposed decedent made within three months from the said revocation
and supported by affidavit denying specifically on the knowledge of the affiant the cause
of action or specifically alleging the existence of facts which...
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35-11-224
Section 35-11-224 Issues; finding or verdict; judgment generally. Any defendant, by appropriate
plea, may put in issue the fact of indebtedness or the existence of the lien, or both, and
may interpose any other defense applicable to the action; and if the court by its finding,
or the jury by their verdict, as the case may be, ascertain that the plaintiff has a lien
as claimed, judgment shall be entered for the amount secured thereby, interest and costs,
against the party liable for the same, and establishing the lien, and condemning the property
to sale for the satisfaction thereof; but if the finding or verdict is for the plaintiff only
on the issue of indebtedness, a judgment shall be entered in his favor for the amount thereof
as in other cases. (Code 1886, §3034; Code 1896, §2739; Code 1907, §4770; Code 1923, §8848;
Code 1940, T. 33, §52.)...
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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,...
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12-21-111
Section 12-21-111 Verified itemized statement as evidence of account's correctness. In all
actions upon accounts, an itemized statement of the account, verified by the affidavit of
a competent witness, taken before and certified by, a notary public or any officer having
authority under the laws of this or another state to take and certify affidavits, is competent
evidence of the correctness of the account if the plaintiff, at the time of bringing his action,
files with his complaint such verified itemized statement and endorses on the complaint the
fact that the account is verified by affidavit. Unless the defendant, within the time allowed
him for pleading, files in the case an affidavit denying on information and belief the correctness
of the account, which affidavit of the defendant shall state whether or not the defendant
denies liability and whether or not he disputes the whole account or only a part or parts
or an item or items thereof (if defendant disputes only a part or parts...
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35-11-112
Section 35-11-112 Joinder of persons having liens on same property. (a) Persons having liens
under the provisions of this division, on the same property, may join in the same action for
the enforcement of their respective liens; and when there is such joinder, the court or jury
trying the action must ascertain the amount due to each of the plaintiffs secured by the lien,
and judgment must be rendered accordingly; but the failure of one or more of the plaintiffs
to establish his or their liens shall not defeat a recovery by the others. The proceeds of
the sale of the property levied on, if not sufficient to satisfy the demands of all the plaintiffs,
shall be distributed, after payment of the costs, pro rata among them. (b) When persons having
such liens on the same property refuse, after notice in writing, to join in such action, the
persons giving the notice may proceed without them on making affidavit of the fact of such
notice and refusal; and notice of the levy of the attachment...
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