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43-2-747
Section 43-2-747 Objections. At any time within six months after the declaration of insolvency,
the administrator or any creditor, heir, legatee, devisee or distributee may object to the
allowance of any claim filed against the estate by filing objections thereto in writing; and,
thereupon, the court must cause an issue to be made up between the claimant and objector,
in which issue the correctness of such claim must be tried as in a civil action, if required;
and, if it is found for the claimant to the whole amount thereof, the same must be allowed
and such claimant recover the costs of the trial of such issue; but, if against the claimant,
the claim must be rejected, and the party contesting recovers the cost of the trial of such
issue. (Code 1852, §1854; Code 1867, §2203; Code 1876, §2575; Code 1886, §2245; Code 1896,
§313; Code 1907, §2781; Code 1923, §6020; Acts 1931, No. 732, p. 843; Code 1940, T. 61,
§407.)...
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6-5-465
Section 6-5-465 Survival - Substitution of personal representative where no action filed. If
a claim upon which no action has been filed survives on the death of a defendant, substitution
of his personal representative may be effected under the Alabama Rules of Civil Procedure;
but final judgment must not be entered against a personal representative if he objects until
after the expiration of six months from the grant of letters testamentary or of administration.
(Code 1852, §2148; Code 1867, §2544; Code 1876, §2910; Code 1886, §2606; Code 1896, §41;
Code 1907, §2500; Acts 1915, No. 533, p. 605; Code 1923, §5716; Acts 1931, No. 717, p. 837;
Code 1940, T. 7, §154.)...
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6-6-256
Section 6-6-256 Assessment of value and damages and judgment - Trial of action. Upon the trial
the jury must, if it finds for the plaintiff, assess the value of each article separately,
if practicable, and also assess damages for its detention. If it finds for the defendant,
it must, in like manner, assess the value and, if in the possession of the plaintiff, assess
damages for its detention. Judgment against either party must be for the property sued for,
or its alternate value, with damages for its detention to the time of trial. (Code 1852, §2194;
Code 1867, §2595; Code 1876, §2944; Code 1886, §2719; Code 1896, §1476; Code 1907, §3781;
Code 1923, §7392; Code 1940, T. 7, §921.)...
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6-6-410
Section 6-6-410 Debt or demand on which action pending. A debt or demand which is subject to
garnishment may be reached and subjected though an action may be pending thereon; and if the
action is not pending in the court from which the garnishment issues, the court, on proof
by the garnishee of the pendency of the garnishment, must, on the entry of judgment, stay
execution until notified by the clerk of the court in which the garnishment or attachment
is instituted that final judgment has been entered, in which case he must make the appropriate
order according to whether the judgment is entered for the plaintiff or defendant. (Code 1852,
§2524; Code 1867, §2951; Code 1876, §3276; Code 1886, §2952; Code 1896, §2177; Code 1907,
§4306; Code 1923, §8057; Code 1940, T. 7, §1001.)...
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6-9-191
Section 6-9-191 Judgment presumed satisfied 10 years after entry or execution. If 10 years
have elapsed from the entry of the judgment without issue of execution or if 10 years have
elapsed since the date of the last execution issued, the judgment must be presumed satisfied,
and the burden of proving it not satisfied is upon the plaintiff. (Code 1852, §2419; Code
1867, §2830; Code 1876, §3174; Code 1886, §2923; Code 1896, §1930; Code 1907, §4154;
Code 1923, §7871; Code 1940, T. 7, §582.)...
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12-13-7
Section 12-13-7 Garnishments - Issuance, enforcement, etc., generally. The probate court may
issue process of garnishment upon decrees for money, in favor of plaintiffs in such decrees,
returnable within 30 days, upon compliance with the laws respecting garnishments in the circuit
courts on judgments and may render judgments or decrees on the answers of such garnishees,
enforce the collection thereof by execution, as may be necessary, and try all collateral issues
that may grow out of the answers of such garnishees, both as to a contest of an answer or
a claim of an alleged transferee. (Code 1867, §802; Code 1876, §708; Code 1886, §797; Code
1896, §3376; Code 1907, §5434; Code 1923, §9596; Code1940, T. 13, §305.)...
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6-6-164
Section 6-6-164 Claims based on mortgage or lien; ascertainment of amount; payment by plaintiff;
sale of property and application of proceeds. When the claim interposed is based on a mortgage
or lien, the claimant must state in his affidavit the nature of the right which he claims;
and, in case such claim is sustained on the trial, the amount of it, whether then due or not,
with interest to the date of the trial, must be ascertained by the jury or judge, as the case
may be. The plaintiff may, within 10 days from date of said ascertainment, pay to the mortgagee
or his assignee or to the lien holder the amount ascertained to be due; and in such case the
property shall be sold as well for the payment of the debt secured by the mortgage or the
lien, as ascertained, as for the satisfaction of the plaintiff's judgment, the proceeds of
the sale to be applied first, after payment of the costs, to reimburse the plaintiff the amount
so paid by him to such mortgagee or lien holder, and the claim...
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6-6-391
Section 6-6-391 Affidavit of amount due plaintiff. To obtain such writ of garnishment, the
plaintiff, his agent or attorney must make, before an officer authorized to administer oaths,
and file, with the clerk of the court in which the action is pending or the judgment was entered,
an affidavit stating the amount due from the defendant to the plaintiff, or his assignee,
that process of garnishment is believed to be necessary to obtain satisfaction thereof and
that the person to be summoned as garnishee is believed to be chargeable as garnishee in the
case. It is not ground of objection that two or more persons having separate interests are
mentioned as garnishees. (Code 1852, §2471; Code 1867, §2892; Code 1876, §3219; Code 1886,
§§2968, 2973; Code 1896, §2173; Code 1907, §4302; Code 1923, §8053; Code 1940, T. 7,
§997.)...
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6-6-566
Section 6-6-566 Prima facie and conclusive evidence of title. (a) Against all parties to the
complaint who have made no answer thereto within the time allowed for such purpose and against
all persons not intervening in said case and claiming an interest in said lands prior to the
time the case became at issue, proof of actual, peaceable possession by the plaintiff and
color of title to said lands in the plaintiff shall be conclusive evidence of title to said
lands in the plaintiff. (b) Against all persons who have neither paid any taxes upon said
lands nor had any possession thereof, or of any part thereof, during the five years next preceding
the filing of the complaint, against all parties to the complaint who have made no answer
thereto within the time allowed for such purpose and against all persons not intervening in
said case and claiming an interest in said lands prior to the time the case became at issue,
proof of color of title to said lands in the plaintiff or in the...
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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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