35-6-23
Section 35-6-23 Determination of questions of title and adjustment of equities. (a) If the
title of the plaintiffs seeking partition or sale of lands for a division shall be controverted,
or should the title or claim of any of the parties to the action be adverse to that of one
or more of the other parties, the question of title shall be tried and determined in the action
by the circuit court, which shall have power to determine all questions of title, and to remove
all clouds upon the title, if any, of the lands, whereof partition is sought and to apportion
incumbrances, if partition be made of land incumbered and it be deemed proper to do so; and
the court may adjust the equities between and determine all claims of the several cotenants
or claimants as well as the equities and claims of the incumbrancers; and may adjust, settle,
and determine all questions as to dower or curtesy as if separate proceedings had been brought
to settle and determine these questions. (b) In actions for...
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37-2-19
Section 37-2-19 Reparation. (a) Where complaint has been made to the commission concerning
any rate or other charge of any transportation company and the commission has found, after
a hearing, that the transportation company has received an excessive or unjustly discriminatory
amount on account of such rate or charge, the commission may order that the transportation
company make due reparation to the complainant therefor, within a time to be designated in
said order, together with interest at the legal rate from the date of receipt of such excessive
or unjustly discriminatory amount. The commission shall also make and file in every case in
which reparation is ordered to be paid a full finding of the material facts upon which the
order is based. Reparation shall not be awarded in case of any rate which has been adjudged
to be just and reasonable and otherwise lawful by the commission after investigation had upon
due notice and hearing. (b) If the transportation company does not comply...
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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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40-10-14
Section 40-10-14 Description of property in notices and entries. In all advertisements, any
notices of the proceedings in the probate court for the sale of land for taxes and of such
sales and all entries required to be made by the probate judge, tax collector or other officer,
initial letters, abbreviations and figures may be used to indicate townships, ranges, sections,
parts of sections, blocks and lots and dates and amounts; and, in estimating the cost of publication,
each amount, date or number and each initial letter or abbreviation shall be counted as a
word. In all advertisements for the sale of real estate, the notice shall state the precinct
in which the property is situated, except in those counties where the tax assessor is not
required to list the property by precincts; provided, that nothing herein contained shall
in anywise affect the collection of any taxes now due the state or any county therein or operate
to abate or discontinue any suit or action of any character...
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40-20-36
Section 40-20-36 How exemption obtained upon existing interests. Application for such exemption
upon existing interests shall be made to the probate judge of the county wherein the land
lies in which such interest is owned, by filing application in triplicate with the said judge,
which shall contain the following information: (1) Name of applicant; (2) Address of applicant;
(3) Complete description of land affected, including aggregate acreage; (4) Fractional interest
for which exemption is applied and nature of such interest; (5) Recording data concerning
the instrument creating the interest including grantor or lessor, grantee or lessee, date
of instrument, book and page of record, and date of filing; (6) Length of primary term; (7)
Recording data on instruments divesting original party of any interest, including subsequent
assignments thereof in a portion of original interest therein conveyed; (8) Number of mineral,
royalty or lease acres on which exemption sought; and (9) Amount...
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6-2-38
Section 6-2-38 Commencement of actions - Two years. (a) An action by a representative to recover
damages for wrongful act, omission, or negligence causing the death of the decedent under
Sections 6-5-391 and 6-5-410 must be commenced within two years from the death. (b) All actions
by common carriers of property subject to Chapter 3 of Title 37 for recovery of their charges,
or any part thereof, shall be begun within two years from the time the cause of action accrues
and not after. (c) For recovery of charges, action shall be begun against common carriers
of property by motor vehicles subject to this article within two years from the time the cause
of action accrues and not after, except as provided in subsection (d) of this section; provided,
that if claim for the overcharge has been presented in writing to the carrier within the two-year
period of limitation, said period shall be extended to include six months from the time notice
in writing is given by the carrier to the claimant...
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6-9-1
Section 6-9-1 Executions on judgments; forms thereof. The party in whose favor a judgment is
entered, whether for debt, damages, or costs, for the satisfaction thereof, may, within 10
years thereafter, have a writ of execution against the lands and goods of the party against
whom such judgment is entered. When the judgment is for specific property or the alternate
value, or for the possession of lands, appropriate writs of execution may issue for the satisfaction
thereof. Such writs of execution must substantially conform to the following forms: (Form
of Writ of Execution) The State of Alabama, ___ County. To any Sheriff of the State of Alabama:
You are hereby commanded that of the goods and chattels, lands, and tenements of _____, you
cause to be made the sum of _____ dollars, which _____ recovered of him on the _____ day of
_____, 2__, by the judgment of the circuit (or district) court, held for the County of _____,
besides _____ dollars, costs of the action; and have the same to...
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6-9-121
Section 6-9-121 Death of levying officer prior to sale; proceedings if property not delivered
by representatives of deceased officer. (a) When the officer taking property under execution
shall die before the sale thereof, a writ of venditioni exponas shall issue directed to the
proper officer of the county in which the property was taken, and such officer shall, under
the writ of venditioni exponas, receive the property from the representatives of the former
sheriff or other officer, who are required to deliver the same to the officer having the venditioni
exponas, on his producing the same and executing a receipt for the property, and the officer
shall proceed to sell the same as in other cases. (b) If the representatives of the deceased
officer shall refuse or neglect to deliver the property or if there shall not be an executor
or administrator of his estate, the officer having the writ of venditioni exponas may seize
the property taken by the former officer, wherever it may be...
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11-50-101
Section 11-50-101 Issuance, etc., of bonds by municipalities having less than six thousand
inhabitants. Any city or town having a population of less than 6,000 inhabitants may, notwithstanding
the amount or character of any bonded or other indebtedness, issue such bonds, but the same
shall be a lien or charge only against the property improved and drained and against the fund
collected from the assessments levied against the property improved and drained and shall
not be the general obligation of the city or town, nor shall such city or town be in any way
liable to the holders of such bonds in case of failure to collect the same, but such bonds
may be secured by mortgage on or deed of trust to said sewers or sewer system. Such last described
bonds, when issued, shall convey and transfer to the owners thereof all right, title, and
interest in and to the assessment and the lien upon the respective lots or parcels of ground
provided for in this division, which liens and assessments shall...
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11-99A-11
Section 11-99A-11 Assessment of district land. For the payment of all or any part of the costs
of improvements and the costs referenced in Sections 11-99A-2(6)(v) and (w) and 11-99A-15(c),
a district may petition the appointing government for the assessment of all or any part of
that land within the district which is specifically benefited or increased in value by such
improvements in accordance with the following procedure: (1) The board shall prepare plans
for the acquisition, construction, or installation of the improvements. The plans shall include:
a. A reasonable description of the nature and location of the improvements. b. An estimate
of the costs of the improvements, which may include the costs referenced in Section 11-99A-2(6)(v)
and (w) and Section 11-99A-15(c). c. A description or designation of the land upon which the
assessment shall be levied, which may be made in a manner provided in Section 11-99A-4(a)(2).
d. The manner in which, or the methodology by which, the...
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