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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6-6-314
Section 6-6-314 Liability of lessee holding over; how such recovered. Any person who, having
entered into the possession of lands and tenements under a contract of lease, forcibly or
unlawfully retains the possession thereof after the expiration of his term or refuses to surrender
the same on the written demand of the lessor, his agent, or attorney or legal representative,
is liable for double the amount of the annual rent agreed to be paid under such contract and
for such other special damages as may be thereby sustained by the party thus unlawfully kept
out of possession, to be recovered as now provided by law in actions of unlawful detainer
or by a civil action for damages. (Code 1867, §3312; Code 1876, §3709; Code 1886, §3391;
Code 1896, §2137; Code 1907, §4273; Code 1923, §8014; Code 1940, T. 7, §977.)...
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35-9-6
Section 35-9-6 Notice to quit for breach or default of terms of lease. When default is made
in any of the terms of a lease, it shall not be necessary to give more than 10 days' notice
to quit, or of the termination of such tenancy, and the same may be terminated on giving such
notice to quit at any time after such default in any of the terms of such lease; which notice
may be substantially in the following form: "To A. B.: You are hereby notified that in
consequence of your default in (here insert the character of the default) of the premises
now occupied by you, being (here describe the premises), I have elected to terminate your
lease, and you are hereby notifed to quit and deliver up possession of the same to me within
10 days of this date. Dated this _____ day of _____" To be signed by the lessor or his
agent; and no other notice or demand of possession or termination of such tenancy shall be
necessary to maintain unlawful detainer. (Code 1923, §8823; Code 1940, T. 31, §6.)...
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40-10-136
Section 40-10-136 Certification when land bid in by state sold. Upon the consummation of such
sale, the Land Commissioner must certify the same to the judge of probate, who shall make
entry thereof in the book of land sales in his office; and the commissioner shall furnish
a description of such lands to the assessor of the county in which they are situated, who
shall enter the same upon his list for assessment; but the time allowed infants and lunatics
in which to redeem lands sold for taxes shall in no wise be affected by any such sale and
conveyance. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §319.)...
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35-4-136
Section 35-4-136 Record of termination of action; microfilm. Where the action, proceeding,
or levy, notice of which has been entered in the lis pendens record, shall be terminated,
whether on the merits or not, the court wherein the same was pending may direct the judge
of probate who has custody of the record to make such entry thereof as he shall prescribe,
to give notice of the result of the action, proceeding, or levy and of the devolution of the
land, and the judge of probate shall at once, on presentation thereof, file and record an
entry and note the date of filing and recording on the record; provided, that where an application
has been made for an order of condemnation of land, or any interest therein, the probate judge
shall make such entry on his own motion. The officer or party filing such notice must, within
30 days after demand, enter on the margin of the record of the same satisfaction of such claim
under the lis pendens notice whenever the same shall have been fully...
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40-10-131
Section 40-10-131 Rents, issues, and profits of redeemed land. Neither the purchaser, nor anyone
claiming under him, who may have lawfully obtained possession of any real estate purchased
at tax sales shall be liable upon the redemption of such real estate to account to the owner
for any rents, issues, or profits during such possession, but as to such rents, issues, and
profits he shall be held and considered the rightful owner of such real estate unless such
owner at the time of the sale was a minor or a person of unsound mind and had no guardian,
or his guardian was not lawfully served with notice of the proceedings had in the court of
probate for the sale of such real estate, in which event such purchaser or other person in
possession shall be liable for rents, issues, and profits, as in other cases; but neither
such purchaser nor anyone claiming under him shall have the right to cut standing timber from
land so purchased at tax sales, nor shall have the right to remove or destroy...
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40-10-121
Section 40-10-121 Manner of redemption of land sold to state. 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. (a) In order to obtain the redemption of land from tax sales
where the same has been heretofore or hereafter sold to the state, the party desiring to make
such redemption shall apply therefor as hereinafter provided and shall deposit with the judge
of probate of the county in which the land is situated the amount of money for which the lands
were sold, with interest thereon at the rate of 12 percent, together with the amount of all
taxes found to be due on such land since the date of sale, as provided herein, with interest
at the rate of 12 percent and all costs and fees due to officers. (b) Upon application to
the probate judge to redeem land where the same has been sold to the state for taxes, which
application shall be made on blank forms to be furnished by the Land...
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6-5-200
Section 6-5-200 When title to land conferred or defeated; when claim may be defended or prosecuted;
construction of section. (a) Adverse possession cannot confer or defeat title to land unless:
(1) The party setting it up shall show that a deed or other color of title purporting to convey
title to him has been duly recorded in the office of the judge of probate of the county in
which the land lies for 10 years before the commencement of the action; (2) He and those through
whom he claims shall have annually listed the land for taxation in the proper county for 10
years prior to the commencement of the action if the land is subject to taxation; or (3) He
derives title by descent cast or devise from a predecessor in the title who was in possession
of the land. (b) If the period during which the party's deed or color of title has been on
record, added to the time during which the deeds or color of title of those through whom he
claims have been on record, amounts to 10 years, he may...
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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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11-42-69
Section 11-42-69 Trial and entry of judgment by circuit court; appeals from judgment of circuit
court; endorsement on map by probate judge where no appeal from judgment of probate court.
(a) If on the trial in the circuit court it be adjudged that the requisite facts did exist
subjecting the land and property having a situs thereon to taxation by the city, a judgment
shall be entered adjudging that the land and property having a situs thereon be, and the same
is, subject to taxation by the city and that the taxes thereon shall be paid to the city.
If it be adjudged that the requisite facts did not exist, a judgment shall be entered adjudging
that the land and property having a situs thereon is not subject to taxation by the city,
and the cost of appeal and of contest shall be adjudged against the losing party. (b) Either
the city or the property owner may appeal from the judgment of the circuit court to the supreme
court within the time and in the same manner as is provided by the...
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