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6-6-545
Section 6-6-545 Costs. No judgment for costs shall be had under this division against a defendant
who suffers a judgment by default against him or who, in his answer, disclaims all title to,
interest in, or encumbrance on the lands; but the court shall, in those cases, without further
proof, adjudge that such defendant has no estate or interest in or encumbrance on such lands,
or any part thereof. Any defendant who shall, by answer under oath, deny that he claims, or
ever has claimed, or pretended to have any estate, interest, or encumbrance in, or upon, such
lands, or any part thereof, shall be entitled to recover his costs in the action. (Code 1896,
§813; Code 1907, §5448; Code 1923, §9910; Code 1940, T. 7, §1114.)...
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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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6-6-561
Section 6-6-561 Contents of complaint. A complaint under this division must be brought against
the land or the interest therein sought to be established. It must describe said land or the
interest therein sought to be established, with certainty, and state specifically what claim,
title, or interest in, or to, said lands the plaintiff claims to have and from whom and how
such interest or title so claimed in, or to, said lands was obtained. It shall also make party
or parties defendant to said complaint all persons against whom the plaintiff claims title
to said lands, or the interest therein sought to be established, and if the names of such
persons cannot be ascertained by the plaintiff with certainty, they may be designated and
joined as unknown parties. Such complaint shall also make party or parties defendant thereto
all persons who are known to the plaintiff to have had possession of said lands, or any part
thereof, within 10 years next preceding the filing of the complaint, or...
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40-10-76
Section 40-10-76 Action for possession defeated on grounds other than that taxes were not due.
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. If, in any action brought
by the purchaser, or other person claiming under the purchaser, to recover the possession
of lands sold for taxes, a recovery is defeated on the ground that such sale was invalid for
any reason other than that the taxes were not due, the court shall forthwith, on the motion
of the plaintiff, ascertain the amount of taxes for which the lands were liable at the time
of the sale and for the payment of which they were sold, with interest thereon from the date
of sale, and the amount of such taxes on the lands, if any, as the plaintiff, or the person
under whom he claims, has, since such sale, lawfully paid or assumed by the state after its
purchase, with interest thereon from the date of such payment, the interest...
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9-8-28
Section 9-8-28 Land-use regulations - Enforcement. Where the supervisors of any district shall
find that any of the provisions of land-use regulations prescribed in an ordinance adopted
in accordance with the provisions of Section 9-8-26 are not being observed on particular lands
and that such nonobservance tends to increase erosion on such lands and is interfering with
the prevention or control of erosion on other lands within the district, the supervisors may
present to the circuit court of the county in which the land of the defendant may lie, a complaint,
duly verified, setting forth the adoption of the ordinance prescribing land-use regulations,
the failure of the defendant landowner to observe such regulations and to perform particular
work, operations or avoidances as required thereby and that such nonobservance tends to increase
erosion on such lands and is interfering with the prevention or control of erosion on other
lands within the district and requesting the court to...
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2-2-31
Section 2-2-31 Seizure and condemnation of adulterated, misbranded or substandard article.
Any article, substance, material or product which is subject to the provisions of this article
which is adulterated, misbranded or under the standard, grade, weight or measure claimed,
within the meaning of any provision of law or rules and regulations under authority of law,
and which is manufactured for sale, held in possession with intent to sell, offered or exposed
for sale or sold or delivered within this state shall be liable to be proceeded against in
the circuit court of the county where the same is found and seized for confiscation by writ
of attachment for condemnation. Such writ shall issue upon the sworn complaint of the commissioner
or his duly authorized agent, taken by an officer authorized to administer an oath, to the
effect that such article or product is adulterated or misbranded or is under the standard,
grade, weight or measure claimed, as the case may be, within the meaning...
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37-6-3
pledge, or otherwise dispose of or encumber electric transmission and distribution lines or
systems, electric generating plants, electric refrigeration plants, water lines, sanitary
sewer lines, water systems, and sanitary sewer systems, television reception equipment through
the use of television program decryption equipment and subscriber owned, leased, or rented
satellite dishes, lands, buildings, structures, dams, plants, and equipment and any and all
kinds and classes of real or personal property whatsoever, which shall be deemed necessary,
convenient or appropriate to accomplish the purpose for which the cooperative was organized
or in which it subsequently lawfully engages. Electric generating plants, transmission, and
distribution lines or systems as referred to in this section shall include any arrangement
or agreement for the purchase, exchange, or transmission of electric power, capacity or energy,
whether sole or as joint owner of all or any part in common with one...
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6-6-543
Section 6-6-543 Trial by jury or determination by court; entry and effect of judgment. Upon
the application of either party in a proceeding under Section 6-6-540, a trial by jury shall
be directed to determine the issues or any specified issue of fact presented by the pleadings,
and the court is bound by the result, but may, for sufficient reasons, order a new trial thereof;
and when a trial by jury is not requested, or as to the facts for which the same is not requested,
the court shall consider and determine any title, claim, interest, or encumbrance. The court
shall, upon the finding of the jury or upon such consideration and determination, finally
adjudge whether the defendant has any right, title, or interest in, or encumbrance upon, such
lands, or any part thereof, what such right, title, interest, or encumbrance is and in or
upon what part of the lands the same exists; and such judgment is binding and conclusive upon
all the parties to the action. (Code 1896, §812; Code 1907,...
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6-6-569
Section 6-6-569 Judgment - Contents. If, upon the hearing of the case set out under Section
6-6-561, the title to the lands or any part of the lands described in the complaint or any
interest claimed by the plaintiff, counterclaimant, or claimant, in said property, or any
part thereof, be duly proved, the court shall adjudge the title to such property, or the interest
therein, claimed in the complaint to be in the plaintiff, counterclaimant, or claimant, or
partly in one and partly in the other, specifying the part in or to which each has title or
interest, and such judgment shall be binding and conclusive on all parties made defendant
in said case. (Acts 1923, No. 526, p. 699; Code 1940, T. 7, §1126; Acts 1951, No. 882, p.
1521, §7.)...
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6-6-560
Section 6-6-560 Who may file complaint to establish right or title to lands or interest therein.
When any person, natural or artificial, claims, either in his own right or in any representative
capacity whatsoever, to own any lands or any interest therein, and is in the actual, peaceable
possession of the land, or if neither he nor any other person is in the actual possession
of the lands and he holds, and has held, color of title to the lands, or interest so claimed,
for a period of 10 or more consecutive years next preceding and has paid taxes on the lands
or interest during the whole of such period, or if he, together with those through whom he
claims, has held color of title and paid taxes on the land or interest so claimed during the
whole of such period of time, or if he and those through whom he claims have paid taxes during
the whole of such period of 10 years on the lands or interest claimed and no other person
has paid taxes thereon during any part of said period, he may, if...
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