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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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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35-6-20
Section 35-6-20 Jurisdiction of circuit court to divide or sell for division. The circuit court
shall have original jurisdiction to divide or partition, or sell for partition, any property,
real or personal, held by joint owners or tenants in common; whether the defendant denies
the title of plaintiff or sets up adverse possession or not; and the court in exercising its
jurisdiction shall proceed according to the Alabama Rules of Civil Procedure and, where necessary,
allow service of process by publication as prescribed therein. (Code 1886, §3262; Code 1896,
§3187; Code 1907, §5231; Acts 1909, No. 123, p. 124; Code 1923, §9331; Code 1940, T. 47,
§186.)...
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22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by Attorney
General in legal actions. In addition to any other powers and functions which may be conferred
upon it by law, the department is authorized beginning October 1, 1982 to: (1) Administer
appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting, regulatory
and enforcement functions; administer and enforce the provisions and execute the functions
of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of this title;
Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this title; Sections
22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections 22-36-1 through
22-36-10. (2) Acting through the Environmental Management Commission, promulgate rules, regulations,
and standards in order to carry out the provisions and intent of this chapter; provided, however,
that prior to the promulgation of any state primary or...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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18-1A-292
Section 18-1A-292 Distribution of award - Proceedings when claims not filed and court doubtful
as to proper distribution; assertion of adverse claim or title involving determination of
title to land. The probate court may, in the event no such claims are filed by any of such
parties and where the probate court is doubtful as to a proper division, require the parties
in interest to propound their claims and to hear evidence upon the same in order that the
probate court may determine to what part or proportion of said award each of said parties
may be rightly entitled. No division or partition for distribution shall be made by the probate
court under this section when any adverse claim or title is asserted by any one of the interested
parties, which involves the determination of the title to land, and the procedure for partition
or distribution under this section shall follow as near as may be the manner provided for
the partition of property in chapter 6 of Title 35; except, that no...
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24-9-8
Section 24-9-8 Quiet title and foreclosure action. (a) The authority may initiate a quiet title
action under this section to quiet title to real property held by the authority or interests
in tax delinquent property held by the authority by recording with the office of the judge
of probate in the county in which the property subject to quiet title action is located a
notice of pending quiet title action. The notice shall include the name of the taxpayer whose
interest was affected by the tax sale; the name of any other party as revealed by a search
and examination of the title to the property who may claim an interest in the property; a
legal description of the property; the street address of the property if available; the name,
address, and telephone number of the authority; a statement that the property is subject to
the quiet title proceedings under Act 2013-249; and a statement that any legal interests in
the property may be extinguished by a circuit court order vesting title to...
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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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6-8-100
Section 6-8-100 Answer of tender; judgment thereon. An answer of tender of money or of a thing
in action must be accompanied by a delivery of the money or such thing in action to the clerk
of the court. If the tender is of ponderous articles or other personal property, the answer
must aver a readiness to deliver it to the plaintiff. Judgment for the defendant upon the
answer vests the title to the thing tendered in the plaintiff, subject to any claim the defendant
may have for his trouble in keeping it. (Code 1852, §§2245, 2246; Code 1867, §§2648, 2649;
Code 1876, §§2997, 2998; Code 1886, §2585; Code 1896, §3298; Code 1907, §5334; Code 1923,
§9473; Code 1940, T. 7, §228.)...
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40-10-197
Section 40-10-197 Action to foreclose the right to redeem and quiet title; notice requirements;
effect of foreclosure; deed; expiration of certificate. (a) At any time not less than three
years after the auction or sale of a tax lien but not later than 10 years after the auction
or sale, if the tax lien is not redeemed, the holder of the tax lien certificate may bring
in the circuit court of the county in which the property is located an action to foreclose
the right to redeem and quiet title to the property in the name of the holder of the tax lien
certificate. If any applicable law or court order prohibits bringing an action to foreclose
the right to redeem and quiet title to the property, the limitation provided in this section
shall be extended 12 months following the termination of the prohibition. (b)(1) At least
30 days before filing a tax lien foreclosure action under this article, but not more than
180 days before the action is commenced, the holder of the tax lien certificate...
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