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6-6-185
Section 6-6-185 Complaint for discovery of assets - Orders or judgments; appointment of receiver.
If, from the answer, it appears that the defendant has property, real and personal, or an
interest in property, real or personal, subject to the payment of debts, or has money, effects,
or choses in action or an interest in moneys, effects, or choses in action subject to the
payment of debts, whether such property, money, effects, or choses in action are within or
without the state, the court must make all such orders or judgments as may be necessary and
proper to reach and subject such property, moneys, effects, or choses in action and, for that
purpose, may appoint a receiver with authority to demand, commence an action for and recover
or otherwise to reduce to possession such property, moneys, effects, or choses in action and
may require the debtor to make to such receiver all conveyances, assignments, or transfers
which may be necessary and proper to enable him to receive or to...
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35-6-45
Section 35-6-45 Decree for partition; appointment of commissioners; minors' interests considered.
If, upon the hearing, the court is satisfied from the proof that the property described in
the application is held and owned jointly, or in common, it must decree the same to be divided
or partitioned among the joint owners or tenants in common, according to their respective
interests therein; and to effect such division or partition, it must appoint suitable commissioners,
not more than five, any three of whom may act; but if the application is for the partition
of lands, and any of the parties interested are minors, the court, before granting the application,
must be satisfied by evidence taken as in actions before the circuit court that it is to the
interest of such minors that the partition be made. (Code 1867, §3108; Code 1876, §3502;
Code 1886, §3241; Code 1896, §3166; Code 1907, §5208; Code 1923, §9308, Code 1940, T.
47, §197.)...
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6-5-261
Section 6-5-261 Interference with mere possession. Mere possession of a chattel, if without
title or wrongfully, will give a right of action for any interference therewith, except as
against the true owner or the person wrongfully deprived of possession. (Code 1907, §2462;
Code 1923, §5668; Code 1940, T. 7, §92.)...
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7-7-603
Section 7-7-603 Conflicting claims; interpleader. If more than one person claims title to or
possession of the goods, the bailee is excused from delivery until the bailee has a reasonable
time to ascertain the validity of the adverse claims or to commence an action for interpleader.
The bailee may assert an interpleader either in defending an action for nondelivery of the
goods or by original action. (Prior version of this section added by Acts 1965, No. 549, p.
811; repealed by Act 2004-315, p. 464, §1; current section added by Act 2004-315, p. 464,
§1.)...
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35-9-5
Section 35-9-5 Notice to terminate tenancy for term less than one year. In all cases of tenancy
by the month or for any other term less than one year, where the tenant holds over without
special agreement, the landlord shall have the right to terminate the tenancy by giving the
tenant 10 days' notice in writing of such termination, and the landlord upon giving said notice
for said time shall be authorized without further notice to the tenant to recover possession
of the rented premises in an action of unlawful detainer. (Code 1923, §8822; Acts 1932, Ex.
Sess., No. 13, p. 14; Code 1940, T. 31, §5.)...
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40-10-80
Section 40-10-80 Judgment when party claiming adversely to tax title has made payment or tender.
If, in any action brought to recover the possession of lands sold for taxes by or against
the purchaser or other person claiming under him, it is shown that the party claiming adversely
to the tax title, being entitled to redeem, made within the time allowed for redemption the
payment required by law for the redemption of such lands, or made tender thereof, and the
amount of such tender has been paid into court for the opposite party, judgment must be rendered
in his favor for the costs accruing after such payment or tender, except as against the state.
(Acts 1935, No. 194, p. 256; Code 1940, T. 51, §293.)...
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6-2-8
Section 6-2-8 Suspension of limitation - Disabilities. (a) If anyone entitled to commence any
of the actions enumerated in this chapter, to make an entry on land or enter a defense founded
on the title to real property is, at the time the right accrues, below the age of 19 years,
or insane, he or she shall have three years, or the period allowed by law for the commencement
of an action if it be less than three years, after the termination of the disability to commence
an action, make entry, or defend. No disability shall extend the period of limitations so
as to allow an action to be commenced, entry made, or defense made after the lapse of 20 years
from the time the claim or right accrued. Nothing in this section shall be interpreted as
denying any imprisoned person the right to commence an action enumerated in this chapter and
to make any proper appearances on his or her behalf in such actions. (b) If anyone entitled
to commence any of the actions enumerated in this chapter is, at...
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6-6-289
Section 6-6-289 Liability - Person holding possession under color of title. Persons holding
possession under color of title, in good faith, are not responsible for damages or rent for
more than one year before the commencement of the action. (Code 1852, §2216; Code 1867, §2617;
Code 1876, §2966; Code 1886, §2706; Code 1896, §1540; Code 1907, §3850; Code 1923, §7464;
Code 1940, T. 7, §949.)...
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35-9-38
Section 35-9-38 Failure or refusal of tenant to plant crop. In any case in which a tenant of
farm lands shall fail or refuse, without just cause or excuse, to prepare the land and plant
his crops, or a substantial portion of such crops to be grown as are usually planted by that
time, on or before March 20, he may, at the election of the landlord, be required to surrender
and vacate the rented premises, and upon making such election, and upon notice thereof to
the tenant, the landlord may proceed to recover possession of the rented premises by an action
of unlawful detainer. (Acts 1915, No. 709, p. 808; Code 1923, §8808; Acts 1931, No. 353,
p. 410; Code 1940, T. 31, §24.)...
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40-10-75
Section 40-10-75 (Effective January 1, 2020) Right where sale proceedings were defective. THIS
SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020.
THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. In any action brought related to taxes delinquent
on or after January 1, 2020, the interest rate on any amounts awarded pursuant to this section
shall be eight percent. In any other action brought for the possession of land sold for taxes
delinquent before January 1, 2020, the title of the purchaser at the tax sale shall be defeated
on account of any defect in the proceedings under which the sale is had, or on account of
any defect in or insufficiency of the process by which the owner of the land was brought before
the probate court, as is provided, or in the service of the process, or by reason of the failure
of the judge of probate on account of any negligence or refusal on his or her part to produce
when called upon, sufficient evidence of the proper...
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