6-10-35
Section 6-10-35 Contest of exemption claim - Tender of issue by plaintiff on inventory filed
by defendant; determination thereof. When, on a contest of a claim of exemption to personal
property, an inventory has been filed by the defendant, an issue may be tendered by the plaintiff
that the defendant has other personal property subject to levy and sale under the process
not embraced in the inventory or that the inventory discloses that the defendant has other
personal property subject to levy and sale under the process not embraced in the claim of
exemption which he has failed to deliver to the officer levying the process. If such issue
is determined in favor of the plaintiff, the value of such property shall be ascertained and
estimated in ascertaining the amount of the exemption to which the defendant is entitled and
be deducted from his or her claim in contest as if such property had been selected by him
or her as part of his or her exemptions. (Code 1876, §2839; Code 1886, §2531;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-35.htm - 1K - Match Info - Similar pages

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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-163.htm - 1K - Match Info - Similar pages

28-4-287
Section 28-4-287 Execution of bond by defendant or claimant for recovery of seized vehicle,
etc., pending condemnation action; proceedings upon failure of defendant or claimant to deliver
said vehicle, etc., upon entry of judgment of condemnation. Whenever a conveyance, vehicle
of any kind or animal used in drawing the same is seized by an officer of the state under
the prohibition laws of this state, the defendant in the proceedings or the claimant of the
property shall have the right to execute a bond in double the value of such property or of
any item thereof, with good and sufficient surety, to be approved by the sheriff or the register
or clerk of the circuit court and conditioned, in the event the said property is condemned,
to deliver the same to the sheriff within 15 days from the date of such judgment of condemnation
and to pay any difference between the value of said property at the time of the seizure and
the time of the delivery to the sheriff after condemnation, such...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-287.htm - 2K - Match Info - Similar pages

43-2-584
Section 43-2-584 Refunding bond. Such refunding bond must be payable to the executor or administrator
with the will annexed and must be in double the amount directed to be paid or in double the
value of the property to be delivered, to be ascertained by the appraisement or other evidence
satisfactory to the court, with at least two sufficient sureties, conditioned to refund the
amount paid or to return the property or pay the value thereof, with interest on such amount
or value from the time the same was received, should the assets prove insufficient to discharge
the other debts presented and charges and other legacies entitled to priority of payment.
(Code 1852, §1776; Code 1867, §2102; Code 1876, §2479; Code 1886, §2196; Code 1896, §264;
Code 1907, §2740; Code 1923, §5979; Code 1940, T. 61, §339.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-584.htm - 1K - Match Info - Similar pages

28-4-288
Section 28-4-288 Execution of bond by defendant or claimant for recovery of seized vehicle,
etc., pending appeal; proceedings upon failure of bondsmen to deliver said vehicle, etc.,
upon affirmance of judgment upon appeal, etc. Whenever a conveyance, vehicle of any kind or
animal used in drawing the same is seized by an officer of the state under the prohibition
laws of this state and has been condemned by the circuit court that tried the action, the
defendant in the proceedings or the claimant of the property, pending an appeal to the Supreme
Court or Court of Civil Appeals, may, upon motion, have the court immediately appraise the
value of said property and of the several items separately and shall have the right to execute
a bond with two good sureties in double the appraised value of such property or of any item
or items thereof, to be approved by the clerk or register of the circuit court, conditioned,
in the event the appeal is affirmed or reversed and the conveyance, vehicle,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-288.htm - 2K - Match Info - Similar pages

6-9-160
Section 6-9-160 Restoration of property levied on to debtor upon executing bond; execution
on forfeiture of bond; exception. (a) When personal property is levied on by the sheriff,
if the defendant executes bond with sufficient surety in double the amount of the execution
payable to the plaintiff and conditioned to deliver the property levied on to the proper officer
by 12:00 noon of the day and at the place appointed for the sale thereof, the sheriff must
restore the property to the defendant. (b) If the property is not delivered according to the
condition of the bond, the sheriff must return it forfeited within five days thereafter to
the register or clerk's office out of which the execution issued, endorsing thereon a forfeiture
of the bond; and it is then the duty of the clerk or register, without delay, to issue execution
on the forfeited bond against all the obligors therein for the judgment and costs, upon which
no security of any kind can be taken, which he must endorse on the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-9-160.htm - 1K - Match Info - Similar pages

35-6-116
Section 35-6-116 Sale by sheriff; distribution of proceeds by probate judge. If the crops are
ordered sold, the judge of probate must forthwith issue a writ, directed to the sheriff, commanding
him to sell such crops for division, at a place to be designated in the decree and writ; and
thereupon the sheriff must proceed to advertise and sell such crops at the place designated,
in the same manner as he is required to advertise and sell personal property under execution
issuing from the circuit court; and after making the sale, he shall forthwith make due return,
and pay over the proceeds thereof to the judge of probate, who shall distribute the same among
the parties according to their respective interests. If a forthcoming bond has not been executed
under section 35-6-114 and the sheriff is not in possession of the crops, he shall seize the
same for the purpose of making a sale thereof, if in the hands of any of the parties to the
proceedings. (Code 1876, §3526; Code 1886, §3270;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-116.htm - 1K - Match Info - Similar pages

36-17-14
Section 36-17-14 Issuance of duplicates of lost or destroyed registered state bonds. Whenever
it shall be made to appear to the Governor, auditor and Treasurer, by clear and satisfactory
evidence, that any duly registered bond of the State of Alabama, bearing interest, has been
lost or destroyed so that the same is not held by any person as his property, they shall issue
a duplicate of such registered bond, in like amount, bearing like interest and executed and
marked in like manner as the bond so proved to have been lost or destroyed. But the owner
of such lost or destroyed bond shall first execute a penal bond in double the amount of such
lost or destroyed bond and the interest which would thereafter accrue thereon, with two good
and sufficient sureties, to be approved by the Governor, payable to the State of Alabama,
with condition to indemnify and save harmless the state from any claim because of such lost
or destroyed bond. Such penal bond shall be filed and kept in the office of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-17-14.htm - 1K - Match Info - Similar pages

43-2-645
Section 43-2-645 Refunding bonds - Required; terms and conditions. Such order must not in any
case be made, unless the applicant gives a refunding bond, with two sufficient sureties, to
be approved by the judge of probate, payable to the administrator, in double the amount distributed
to the applicant or in double the value of his share of the property directed to be distributed,
to be ascertained by the appraisement or other evidence and entered of record, and conditioned
to refund the amount directed to be paid, or to return the property received on such distribution,
or to pay the value thereof and interest on such amount or value from the time the same was
received, if the assets are insufficient to discharge the debts and charges against the estate.
(Code 1852, §1782; Code 1867, §2109; Code 1876, §2486; Code 1886, §2203; Code 1896, §271;
Code 1907, §2729; Code 1923, §5968; Code 1940, T. 61, §370.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-645.htm - 1K - Match Info - Similar pages

6-6-250
Section 6-6-250 Duty of clerk to require taking of property by sheriff unless defendant gives
bond; disposition of property on failure to give bond. (a) When an action is commenced for
the recovery of personal chattels in specie, if the plaintiff, his agent, or attorney makes
affidavit that the property sued for belongs to the plaintiff and executes a bond in such
sum and with such surety as may be approved by the clerk, with condition that if the plaintiff
fails in the action, he will pay the defendant all such costs and damages as he may sustain
by the wrongful complaint, it is the duty of the clerk to endorse on the summons that the
sheriff is required to take the property mentioned in the complaint into his possession unless
the defendant gives bond payable to the plaintiff, with sufficient surety, in double the value
of the property, with condition that if the defendant fails in the action he will, within
30 days thereafter, deliver the property to the plaintiff and pay all costs...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-250.htm - 2K - Match Info - Similar pages