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,...
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35-9-35
Section 35-9-35 Affidavit and bond. Before such attachment is issued, the plaintiff, or his
agent or attorney must make affidavit, setting forth the amount that is or will be due for
rent and advances, or either, as the case may be, or, if the rent is not payable in money,
the value of the part of the crop or other things agreed to be paid as rent, that one of the
causes for issuing an attachment prescribed in section 35-9-34 exists, and that the attachment
is not sued out for the purpose of vexing or harassing the defendant; and must also execute
a bond in double the amount claimed, with sufficient surety, payable to the defendant, and
with condition that the plaintiff will prosecute the attachment to effect, and pay the defendant
all such damages as he may sustain from the wrongful or vexatious suing out of such attachment.
(Code 1876, §3473; Code 1886, §3062; Code 1896, §2709; Code 1907, §4740; Code 1923, §8805;
Code 1940, T. 31, §21.)...
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6-6-250
Section 6-6-250 Duty of clerk to require taking of property by sheriff unless defendant gives
bond; disposition of property on failure to give bond. (a) When an action is commenced for
the recovery of personal chattels in specie, if the plaintiff, his agent, or attorney makes
affidavit that the property sued for belongs to the plaintiff and executes a bond in such
sum and with such surety as may be approved by the clerk, with condition that if the plaintiff
fails in the action, he will pay the defendant all such costs and damages as he may sustain
by the wrongful complaint, it is the duty of the clerk to endorse on the summons that the
sheriff is required to take the property mentioned in the complaint into his possession unless
the defendant gives bond payable to the plaintiff, with sufficient surety, in double the value
of the property, with condition that if the defendant fails in the action he will, within
30 days thereafter, deliver the property to the plaintiff and pay all costs...
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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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9-9-40
Section 9-9-40 Bonds - Remedies and proceedings upon default. (a) If any installment of principal
and interest evidenced by any bonds issued under the provisions of this article shall not
be paid at the time and in the manner when the same shall become due and payable, the same
shall bear interest at the rate of eight percent per annum until paid, and if such default
shall continue for a period of 60 days, the holder or holders of such bond or bonds upon which
default has been made may have a right of action against said water management district wherein
the court may issue a writ of mandamus against the officers of said district, including the
tax collector, directing the levying of a sufficient tax as provided in this article and the
collection of same in such sum as may be necessary to meet any unpaid installments of principal
and interest and costs of suit and such other remedies are hereby vested in the holder or
holders of such bond or bonds in default as may be authorized by...
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6-6-293
Section 6-6-293 Judgment - Rent of premises after judgment and before possession. The plaintiff
may have judgment against the defendant for the rent of the premises which accrues after judgment
and before the delivery of possession by motion in the circuit court where the judgment was
entered, on 10 days' notice in writing, unless the judgment is stayed by appeal and bond,
in which case the motion may be made after affirmance of the judgment. (Code 1852, §2208;
Code 1867, §2609; Code 1876, §2958; Code 1886, §2711; Code 1896, §1551; Code 1907, §3855;
Code 1923, §7471; Code 1940, T. 7, §956.)...
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6-6-253
Section 6-6-253 Interpleader by defendant of adverse claimant of property; force and effect
of bonds given. (a) If the defendant in a detinue action interpleads a claimant of the property
and the defendant is discharged as provided in the Alabama Rules of Civil Procedure and if
the defendant has retained possession of the chattels, giving bond, the court may order the
chattels to be delivered to such claimant on his giving bond with sufficient surety, to be
approved by the clerk, payable to the plaintiff in the penalty of the bond of the defendant
with condition that if he is not successful in the action he will, within 20 days thereafter,
deliver the chattels and pay all such damages as may be assessed for the detention thereof
and all costs adjudged against him. If such person refuses or neglects to give such bond for
three days after service of his first pleading or motion in the action, the chattels must
be delivered to the plaintiff on his giving bond with sufficient surety, to be...
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35-9-62
Section 35-9-62 Affidavit and bond. Before such attachment is issued, the plaintiff, or his
agent or attorney, must make affidavit, setting forth the amount that is, or will be, due
for the rent, that one of the causes for issuing an attachment prescribed in Section 35-9-61
exists, and that the attachment is not sued out for the purpose of vexing or harassing the
defendant; and must also execute a bond in double the amount claimed, payable to the defendant,
with sufficient surety, and with condition that the plaintiff will prosecute the attachment
to effect, and pay the defendant all such damages as he may sustain from the wrongful or vexatious
suing out of such attachment. (Code 1886, §3071; Code 1896, §2718; Code 1907, §4749; Code
1923, §8816; Code 1940, T. 31, §31.)...
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6-6-353
Section 6-6-353 Proceedings when determination is against appellant. In cases of forcible entry
or unlawful detainer, the judgment, if against the appellant, must be entered in the circuit
court against him and the sureties on the appeal or certiorari bond, including the costs in
the inferior and circuit courts, and if the appeal or certiorari was sued out by the defendant
and a supersedeas bond was executed, a writ of restitution or possession must be awarded and
judgment must also be entered against the defendant and the sureties on his supersedeas bond
for the value of the rent of the premises pending the appeal. (Code 1852, §§2866, 2867;
Code 1867, §§3315, 3316; Code 1876, §§3712, 3713; Code 1886, §3411; Code 1896, §2146;
Code 1907, §4282; Code 1923, §8023; Code 1940, T. 7, §986.)...
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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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