6-6-163
Section 6-6-163 Forfeiture of claimant's bond; execution for amount of judgment, damages, and
costs. If judgment is entered against the claimant and he fails to deliver the property to
the officer making the levy and pay the costs of the trial of the right of property within
30 days, such officer must endorse the bond forfeited; and thereupon, if the property was
levied on under execution or, if levied on under attachment, after judgment in favor of the
plaintiff against the defendant in attachment, the clerk must issue execution against the
obligors on the bond for the amount of the plaintiff's judgment, for the damages, if any were
assessed, and the costs of the amount of such assessed value, if that is not greater than
the amount of the judgment and for the damages, if any were assessed, and the costs of the
trial of the right of property. And in the event the claimant delivers the property, but fails
to pay damages and costs within 30 days, execution must issue for such damages and...
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6-8-1
Section 6-8-1 Trial of title or adverse claim issues. In actions for partition of lands, either
by metes and bounds or by sale for division when the same cannot be equitably partitioned
among the owners, if the defendant denies the title of the plaintiff or asserts an adverse
claim or title in himself, the circuit court need not dismiss the complaint, but may direct
the issue as to the title of the plaintiff or as to such adverse claim or title of the defendant,
to be tried as other issues of fact are triable. If neither party to the action demands a
jury, the circuit court shall try such issues as to the title of plaintiff or as to such adverse
claim or title of the defendant, together with the other facts or issues of the case. (Code
1867, §3466; Code 1876, §3893; Code 1886, §3588; Code 1896, §828; Code 1907, §3205; Code
1923, §6635; Code 1940, T. 7, §326.)...
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12-19-50
Section 12-19-50 Issuance of execution against plaintiff or appellant for own costs; issuance
of execution against sheriff, etc., failing to return, levy, or collect execution issued against
plaintiff or appellant for costs. (a) The Clerk of the Supreme Court, clerks of the courts
of appeals, clerks of the circuit courts and probate judges, upon return of an execution "no
property found" against the defendant by the proper officer of the county in which the
judgment was entered, or, if the execution is from the Supreme Court or courts of appeals,
of the county from which the case was brought, may issue execution against the plaintiff or
appellant, as the case may be, for the costs actually created by the plaintiff or appellant,
but for none other, to be collected and returned as other executions. (b) Judgment may be
entered on motion in the circuit court of such county, in the name of the clerk or probate
judge issuing the execution, against the sheriff or his sureties, or either of...
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35-11-224
Section 35-11-224 Issues; finding or verdict; judgment generally. Any defendant, by appropriate
plea, may put in issue the fact of indebtedness or the existence of the lien, or both, and
may interpose any other defense applicable to the action; and if the court by its finding,
or the jury by their verdict, as the case may be, ascertain that the plaintiff has a lien
as claimed, judgment shall be entered for the amount secured thereby, interest and costs,
against the party liable for the same, and establishing the lien, and condemning the property
to sale for the satisfaction thereof; but if the finding or verdict is for the plaintiff only
on the issue of indebtedness, a judgment shall be entered in his favor for the amount thereof
as in other cases. (Code 1886, §3034; Code 1896, §2739; Code 1907, §4770; Code 1923, §8848;
Code 1940, T. 33, §52.)...
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35-11-93
Section 35-11-93 When attachment by agricultural laborer or plantation superintendent attaches;
additional affidavit. An agricultural laborer or superintendent of a plantation may sue out
an attachment, whether his demand is due or not; but, in either event, he shall in addition
to the affidavit required under the general provisions of this chapter, make affidavit that
such demand is or will be due, as the case may be, and that the defendant, without the consent
of, and contrary to his agreement with the plaintiff, is about to remove the crop from the
premises without paying such demand, or that the defendant has so removed such crop or some
portion thereof. (Code 1876, §3486; Code 1886, §3081; Code 1896, §2766; Code 1907, §4798;
Code 1923; §8882; Code 1940, T. 33, §20.)...
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6-6-251
Section 6-6-251 Service of process in action for recovery of household furniture and equipment;
effect thereof. When a detinue action is commenced under the provisions of this article for
the recovery of household furniture and equipment and the plaintiff, his agent, or attorney
has made an affidavit that the property sued for belongs to the plaintiff and that the plaintiff
is entitled to the immediate possession of said property by reason of a default in the payment
of the purchase price under a lease sale contract and has executed a bond as required by Section
6-6-250, the sheriff, or other officer authorized to serve process, may serve the summons
and complaint by leaving a copy thereof at the place where the household furniture or equipment
sued for is seized and taken from the premises by the officer serving the process; and such
service shall constitute sufficient service thereof on the defendant for the purpose of obtaining
a judgment against the defendant for the property sued...
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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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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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6-6-351
Section 6-6-351 Writs of restitution or possession - Suspension upon payment of rent by defendant.
(a) Notwithstanding any other provisions of law or of the Alabama Rules of Civil Procedure,
in cases of forcible entry or unlawful detainer, an appeal to circuit court or to appellate
court does not prevent the issue of a writ of restitution or possession unless the defendant
pays to the clerk of the district court all rents called for under the terms of the lease,
since the date of the filing of the action and continues to pay all rent that becomes due
and payable under the terms of the lease as they become due, during the pendency of the appeal,
and the sums are to be ascertained by the judge. (b) If the defendant should fail to make
any payments as they become due under subsection (a), the court shall issue a writ of restitution
or possession and the plaintiff shall be placed in full possession of the premises. (c) Upon
disposition of the appeal, the court shall direct the clerk as to...
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35-11-111
Section 35-11-111 Right to enforce lien by attachment. Any person entitled thereto may enforce
such lien in any court of competent jurisdiction, by attachment issued by any officer authorized
to issue such writs, upon executing bond as in other cases of attachment, and upon making
affidavit that the attachment is not sued out for the purpose of vexing or harassing the defendant,
and describing the property on which the lien is claimed and setting forth all the facts necessary
to the creation of the lien under Section 35-11-110, and the amount due, and that one of the
following causes of attachment exists: (1) That the person for whom such vehicle, implement,
machine, or article was made or repaired, or to whom sold, is the owner thereof, and that
the price, if agreed on, or if not, the value of the same, or of the repair thereof, or some
part of either, is due and unpaid. (2) That the person for whom such vehicle, implement, machine,
or article was made or repaired, or to whom sold,...
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