6-6-294
Section 6-6-294 Retention of possession for one year by defendant if crop planted or growing upon filing bond; force and effect of bond. (a) If the defendant has a crop planted or growing on the premises and the court or jury finds for the plaintiff, they must also ascertain the rental value of the premises during the current year, and no writ of possession can be issued until the expiration of the year if the defendant executes a bond in double the amount of such rent payable to the plaintiff, with surety approved by the clerk, conditioned to pay the rent so assessed at the expiration of the year. (b) The bond must be filed in the office of the clerk and, if the rent is not paid at the expiration of the year, has the force and effect of a judgment; and thereon, execution for the amount of the rent must issue against all the obligors or such of them as may be living. (Code 1852, §§2199, 2200; Code 1867, §§2600, 2601; Code 1876, §§2949, 2950; Code 1886, §§2712, 2713; Code 1896,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-294.htm - 1K - Match Info - Similar pages
6-6-280
Section 6-6-280 Election to proceed by action of ejectment or action in nature of ejectment; proceedings upon action in nature of ejectment. (a) A plaintiff commencing an action for the recovery of lands or the possession thereof has an election to proceed by an action of ejectment or by an action in the nature of an action of ejectment as is provided in subsection (b) of this section. (b) An action for the recovery of land or the possession thereof in the nature of an action in ejectment may be maintained without a statement of any lease or demise to the plaintiff or ouster by a casual or nominal ejector, and the complaint is sufficient if it alleges that the plaintiff was possessed of the premises or has the legal title thereto, properly designating or describing them, and that the defendant entered thereupon and unlawfully withholds and detains the same. This action must be commenced in the name of the real owner of the land or in the name of the person entitled to the possession...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-280.htm - 1K - Match Info - Similar pages
6-6-257
Section 6-6-257 Assessment of value and damages and judgment - Dismissal of action. When the property sued for is in the possession of the plaintiff and the action is dismissed, the court shall cause a jury to assess the alternate value of the property and also the value of the hire or use thereof during the time it was in the possession of the plaintiff and shall enter judgment for the defendant for the recovery of the property, or its alternate value, and damages for the use or hire thereof. (Code 1896, §1482; Code 1907, §3788; Code 1923, §7399; Code 1940, T. 7, §928.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-257.htm - 898 bytes - Match Info - Similar pages
35-9-100
Section 35-9-100 When reasonable satisfaction may be recovered. A reasonable satisfaction may be recovered for the use and occupation of land: (1) When there has been a demise by deed or by parol, and no specific sum agreed on as rent. (2) When the defendant has been let into possession upon a supposed sale of the lands, which, from the act of the defendant, has not been consummated. (3) When the tenant remains on the land by sufferance of the owner. When, after a demise, the tenant, having had 30 days' previous notice, holds over without the consent of his landlord, he shall pay to such landlord double the value of the customary rent of the property so withheld. (4) When the defendant has gone in possession of the land unlawfully. The owner of the land has a lien upon the same property of the defendant, and to the same extent as the landlord has under section 35-9-30 or section 35-9-60, which may be enforced by attachment as provided in section 35-9-61 or section 35-9-34, as may be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-9-100.htm - 1K - Match Info - Similar pages
6-6-100
Section 6-6-100 By whom; execution of bond. The defendant in attachment or, in his absence, a stranger, may replevy the goods or chattels attached, or any part thereof, by executing bond, with sufficient sureties, payable to the plaintiff, in double the value of the property replevied, to be determined by the officer making the levy, with condition that if the defendant fails in the action, the principal in the bond or his sureties will return the specific property attached within 30 days after the judgment, which bond must be returned with the other papers of the case. (Code 1852, §2536; Code 1867, §2964; Code 1876, §3289; Code 1886, §2964; Code 1896, §555; Code 1907, §2955; Code 1923, §6203; Code 1940, T. 7, §876.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-100.htm - 1K - Match Info - Similar pages
6-6-258
Section 6-6-258 Assessment of value and damages and judgment - Failure of defendant to appear and plead. Upon the defendant's failure to appear and plead in such case, within the time provided by law, the plaintiff may take judgment against the defendant for the property sued for; and, upon proof that defendant was in possession of the property sued for at the time of the service of the writ or at the commencement of the action, the plaintiff may also recover of the defendant the costs in the case and the value of the use of the property while in the possession of such defendant and may also have the jury to assess the value of the property sued for and have judgment thereon for the alternate value thereof as is now provided by law. (Acts 1911, No. 53, p. 33; Code 1923, §7406; Code 1940, T. 7, §936.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-258.htm - 1K - Match Info - Similar pages
6-6-430
Section 6-6-430 Filing of bond; discharge of money or property from garnishment; proceedings as if bond not executed; judgment; discharge of garnishee. (a) When garnishment has been issued in aid of a pending action or upon a judgment, the defendant may make and file with the judge or clerk issuing the garnishment bond in such sum as the judge or clerk may prescribe, not exceeding twice the amount of the plaintiff's demand, payable to the plaintiff, with sufficient surety, to be approved by such judge or clerk, conditioned to pay the amount for which the garnishee may be found indebted or liable to the defendant and the cost of the garnishment. Thereupon, the money or property in the hands of the garnishee is discharged from the garnishment and the garnishee relieved of all liability therefor to the plaintiff; but the garnishee must answer, and, except as is otherwise provided in this article, the case must proceed and be determined as if such bond had not been executed. (b) If the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-430.htm - 2K - Match Info - Similar pages
6-6-561
Section 6-6-561 Contents of complaint. A complaint under this division must be brought against the land or the interest therein sought to be established. It must describe said land or the interest therein sought to be established, with certainty, and state specifically what claim, title, or interest in, or to, said lands the plaintiff claims to have and from whom and how such interest or title so claimed in, or to, said lands was obtained. It shall also make party or parties defendant to said complaint all persons against whom the plaintiff claims title to said lands, or the interest therein sought to be established, and if the names of such persons cannot be ascertained by the plaintiff with certainty, they may be designated and joined as unknown parties. Such complaint shall also make party or parties defendant thereto all persons who are known to the plaintiff to have had possession of said lands, or any part thereof, within 10 years next preceding the filing of the complaint, or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-561.htm - 3K - Match Info - Similar pages
6-10-37
Section 6-10-37 Contest of exemption claim - Garnishment of money, choses in action or personal property. When money, choses in action or personal property are garnished and the defendant claims the same, or any part thereof, as exempt, he shall file his claim thereto in writing, verified by oath, in the court in which such proceedings are pending, accompanied by a statement setting forth the personal property, choses in action, and money and the location and value thereof, as required in the statement to be filed under the provisions of Section 6-10-29. Such claim the plaintiff, in person or by his agent or attorney, may contest as in cases of contest after declaration filed, and such contest shall be tried and determined as other contests of claims of exemptions are tried and determined. If the defendant has notice of the garnishment, the claim of exemption must be interposed before judgment of condemnation, but if not, such judgment shall not operate to impair or affect his claim of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-37.htm - 1K - 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
|