3-5-8
Section 3-5-8 Posting of notice as to taking, etc., and hearing thereupon; proceedings where
owner appears and claims livestock or animal generally; proceedings and entry of judgment
for sale where livestock or animal not claimed and adjudged to be unlawfully at large generally.
(a) The district court shall give notice, by posting in three public places in the county,
setting forth the fact of such taking up, the description of the livestock or animal and the
fact that the owner is unknown or, if known, that he cannot be located, and notifying any
person claiming to be the owner of such livestock or animal to appear before the court at
a place named not less than three days nor more than six days from the date of such notice
and prove such claim of ownership. (b) If such person appears at any time and if the judge
of the district court is satisfied that such person is the actual owner of such livestock
or animal, then the judge shall require the owner of the livestock or animal to pay...
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35-6-44
Section 35-6-44 Proceedings against unknown persons and certain other parties defendant. When
it is necessary to make any persons defendant to a petition in the probate court filed for
the partition of property or for a sale thereof because it cannot be equitably divided, and
the names of all or any of such persons are unknown to the petitioner and cannot be ascertained
on diligent inquiry, if the petitioner shall state in a petition, or in an affidavit thereto
annexed, that the names of such persons are unknown, and that he has made diligent inquiry
to ascertain the same, proceedings may be had against them without naming them; and the judge
of probate must make publication as in case of nonresident defendants, describing such unknown
parties as near as may be by the character in which they are sued, and with reference to their
title or interest in the property sought to be partitioned or to be sold for division of the
proceeds. Should petitioner, after exercising reasonable diligence...
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43-2-468
Section 43-2-468 Sale or division of land received on compromise. Real estate received by an
executor or administrator in payment of any bad or doubtful claim, on a compromise of such
claim made under an order of the probate court, may be distributed by the court having jurisdiction
of the estate, by sale or division, upon the same proceedings as are had for the sale or division
of real estate of decedents; but such real estate, or the proceeds thereof, if sold, must
otherwise be treated and distributed as personal property. (Code 1867, §2132; Code
1876, §2507; Code 1886, §2132; Code 1896, §187; Code 1907, §2652; Code 1923, §5882; Code
1940, T. 61, §276.)...
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43-8-198
Section 43-8-198 Transfer of contest to circuit court; appeal from judgment of circuit court;
certification of judgment, etc., to probate court. Upon the demand of any party to the contest,
made in writing at the time of filing the initial pleading, the probate court, or the judge
thereof, must enter an order transferring the contest to the circuit court of the county in
which the contest is made, and must certify all papers and documents pertaining to the contest
to the clerk of the circuit court, and the case shall be docketed by the clerk of the circuit
court and a special session of said court may be called for the trial of said contest or,
said contest may be tried by said circuit court at any special or regular session of said
court. The issues must be made up in the circuit court as if the trial were to be had in the
probate court, and the trial had in all other respects as trials in other civil cases in the
circuit court. An appeal to the supreme court may be taken from the...
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6-10-97
Section 6-10-97 Reduced homestead incapable of allotment - Sale - Proceedings when no bid in
excess of $6,000 received. (a) If, at such sale or any subsequent sale, no bid in excess of
$6,000 is received, the representative must report that fact to the court; and thereupon the
court must make an order directing the report to lie over 30 days, during which time any person
interested in the sale may file written exceptions attacking the fairness of the sale, stating
the grounds of such exceptions. Upon the filing of such exceptions, a day must be appointed
to hear the same, 10 days' notice thereof given and other proceedings had as provided in this
division for the hearing of exceptions to a report allotting homestead, so far as such provisions
are applicable. (b) If, on the hearing of such exceptions, the court is satisfied from the
evidence that the failure to obtain a bid of more than $6,000 was due to a want of fairness
in the conduct of the sale or to fraud or collusion thereat, an...
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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.)...
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6-9-120
Section 6-9-120 Return showing goods levied on unsold; issuance of writ; form of writ. When
goods levied on remain in the hands of the officer unsold, it is his duty to make return of
the fact; and, thereupon, the clerk must issue a writ for the sale thereof in substance as
follows: The State of Alabama, _____ County. To the Sheriff of said County: You are hereby
commanded to sell those goods and chattels of _____, which you have taken pursuant to our
command, and which, according to your return, remain in your hands unsold, to satisfy _____
the sum of _____ dollars, recovered by him of the said _____ by the judgment of our circuit
(or district) court, held for the County of _____ on the _____ day of _____, 19__, and _____
dollars, cost of the action; and make return of this writ and execution thereof according
to law. Witness my hand, this _____ day of _____, 19__. _____ Clerk or Register. (Code 1852,
§2454; Code 1867, §2868; Code 1876, §3206; Code 1886, §2915; Code 1896, §1913;...
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6-9-150
Section 6-9-150 Conveyance by sheriff of lands sold by predecessor. When any sheriff authorized
by law to sell real estate makes such sale and dies or vacates his office before making a
conveyance to the purchaser thereof, the court from which the writ issued, upon proof of the
sale and of the payment of the purchase money, may order the successor in office of the sheriff
making such sale to make a conveyance of such lands to the purchaser, and such conveyance
shall relate back to the date of the sale. If the purchaser is the plaintiff in the judgment,
proof that he has credited, or the fact that he does credit, on the record the defendant with
the amount of the purchase money, less the necessary expenses and costs, is equivalent to
proof of payment of the purchase money. (Code 1867, §2869; Code 1876, §3207; Code 1886,
§2916; Code 1896, §1915; Code 1907, §4133; Code 1923, §7848; Code 1940, T. 7, §560.)...

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35-6-62
Section 35-6-62 Sale instead of partition - Decree and orders; appointment of commissioner;
conduct of sale. If, upon the hearing, the court is satisfied from the proof that such property
cannot be equitably divided or partitioned among the parties in interest, it must decree the
same to be sold, and make and issue all such orders as may be necessary to effect the sale
thereof, and appoint a suitable commissioner to make the sale; and the sale shall be conducted,
the purchase money collected, conveyance of the title made and all proceedings subsequent
to the sale conducted in every respect as is done when property in the hands of an executor
or administrator is to be distributed. (Code 1867, §3124; Code 1876, §3518; Code 1886, §3257;
Code 1896, §3182; Code 1907, §5226; Code 1923, §9326; Code 1940, T. 47, §214.)...
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43-2-622
Section 43-2-622 Orders of distribution - Oath; return; exceptions to report. (a) The persons
therein named, or a majority of them, must proceed to make distribution according to such
order, having first taken an oath to make such distribution fairly and impartially, if the
same can be made, which oath may be administered by the executor or administrator, and must
return their proceedings in writing, signed by them, to the court by the day specified in
such order. (b) If the property cannot be divided equitably without a sale of all or some
portion thereof, the commissioners must so report. (c) Any person may file exceptions to the
report of the commissioners within 30 days after the day appointed for the return or, if returned
at any time thereafter, within 30 days after the return. (Code 1852, §§1793-1795; Code 1867,
§§2120-2122; Code 1876, §§2497-2499; Code 1886, §§2163-2165; Code 1896, §§231-233;
Code 1907, §§2714-2716; Code 1923, §§5952-5954; Code 1940, T. 61,...
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