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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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40-10-74
Section 40-10-74 Right of purchaser or assignee to possession; redemption when lien is recorded.
Any purchaser of lands at a tax sale other than the state or anyone claiming under him shall
be entitled to possession of said lands immediately upon receipt of certificate of sale from
the tax collector; and, if possession is not surrendered within six months after demand therefor
is made by said purchaser or his assignee, the said purchaser or his assignee may maintain
an action in ejectment or a statutory real action in the nature of ejectment, or other proper
remedy for the recovery of the possession of the lands purchased at such sales and shall be
entitled to hold the possession thereof on recovery, subject, however, to all rights of redemption
provided for in this title. If the mortgage or other instrument creating a lien under which
a party seeks to redeem is duly recorded at the time of said tax sale, the said party shall,
in addition to the time in this title specified, have the...
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8-12-3
Section 8-12-3 Defacing identifying mark on encumbered personal property; presumption of guilt
by possession. (a) Any person who defaces, or permits the same to be done, with intent to
defraud any trademark, or other identifying mark, on any automobile motor, other motor, guns,
electrical equipment, radios, motor vehicles, refrigerators, furniture, household or office
equipment, or any other personal property, when such property is encumbered with a mortgage,
conditional sale contract, or other lien, shall be guilty of a misdemeanor, shall be fined
on conviction not less than $25 nor more than $500 and may be imprisoned in the county jail
or sentenced to hard labor for not more than six months. (b) Any person, other than the absolute
owner of the property while the same is free and clear of mortgages, retention of title contracts
or other encumbrances, found in possession of such property under any claim of right with
knowledge that the property has been defaced by a person or persons...
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8-9-2
Section 8-9-2 Certain agreements void unless in writing. In the following cases, every agreement
is void unless such agreement or some note or memorandum thereof expressing the consideration
is in writing and subscribed by the party to be charged therewith or some other person by
him thereunto lawfully authorized in writing: (1) Every agreement which, by its terms, is
not to be performed within one year from the making thereof; (2) Every special promise by
an executor or administrator to answer damages out of his own estate; (3) Every special promise
to answer for the debt, default or miscarriage of another; (4) Every agreement, promise or
undertaking made upon consideration of marriage, except mutual promises to marry; (5) Every
contract for the sale of lands, tenements or hereditaments, or of any interest therein, except
leases for a term not longer than one year, unless the purchase money, or a portion thereof
is paid and the purchaser is put in possession of the land by the seller;...
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40-10-73
Section 40-10-73 Right of state or assignee to possession when lands are bid in for state;
redemption when lien is recorded. When the lands are bid in for the state at tax sales, the
state shall be entitled to possession of said lands immediately upon execution of the certificate
of sale by the judge of probate. If possession is not surrendered within six months from the
date of sale after demand therefor is made by the Land Commissioner in behalf of the state,
or if the certificate has been assigned by the assignee, then the Land Commissioner in the
name of the state or the assignee of the state, if the certificate has been assigned, may
maintain an action in ejectment or a statutory real action in the nature of ejectment or other
proper remedy for the recovery of the possession of the lands purchased at such sales and
shall be entitled to hold the possession thereof on recovery, subject, however, to all rights
of redemption provided for in this title. If the mortgage or other...
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40-10-77
Section 40-10-77 Defense of action fails 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 an action brought against
such purchaser or other person claiming under the purchaser to recover possession of lands
sold for taxes, the defendant claims and defends under the tax title and the defense fails
on the ground that such sale was invalid for any reason other than that the taxes were not
due, and the plaintiff recovers, the court shall forthwith, on the motion of the defendant,
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 day of sale, and the
amount of such taxes on the lands, if any, as the defendant or the person under whom he or
she claims has, since such sale, lawfully paid or assumed, in case of the state,...
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13A-8-1
Section 13A-8-1 Definitions. The following definitions are applicable in this article unless
the context otherwise requires: (1) DECEPTION occurs when a person knowingly: a. Creates or
confirms another's impression which is false and which the defendant does not believe to be
true; or b. Fails to correct a false impression which the defendant previously has created
or confirmed; or c. Fails to correct a false impression when the defendant is under a duty
to do so; or d. Prevents another from acquiring information pertinent to the disposition of
the property involved; or e. Sells or otherwise transfers or encumbers property, failing to
disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property
when the defendant is under a duty to do so, whether that impediment is or is not valid, or
is not a matter of official record; or f. Promises performance which the defendant does not
intend to perform or knows will not be performed. Failure to perform, standing...
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6-6-463
Section 6-6-463 Disposition of claims of other persons suggested by garnishee. (a) When the
garnishee, by his answer as originally filed or by any supplemental answer thereafter, alleges,
at any time before final judgment against him, that he has been notified that another person
claims title to, or an interest in, the debt, demand, money, or effects which, by his answer,
he has admitted to be due or owing or to be in his possession, the clerk must issue notice
to the suggested claimant to appear within 30 days after service of the notice and propound
his claim and contest with the plaintiff the right to such debt, demand, money or effects.
(b) If he appears, he must be required to propound his claim in writing and make oath thereto,
upon which the plaintiff must take issue in law or in fact, and the issue in fact must be
tried by a jury, if required by either party. If the issue is found for the plaintiff, judgment
must be entered against the garnishee on his answer or, if for the...
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24-1A-5
Section 24-1A-5 Powers of authority. The authority shall have the following powers: (1) To
have succession by its corporate name until the principal of and interest on the bonds shall
have been fully paid and until it shall have been dissolved as provided in this chapter; (2)
To sue and be sued and to prosecute and defend in any court having jurisdiction of the subject
matter and of the parties thereto; (3) To adopt and use a corporate seal and to alter the
seal at pleasure; (4) To establish a fiscal year; (5) To maintain an office in the City of
Montgomery; (6) To adopt, and from time to time amend and repeal, bylaws and rules and regulations,
not inconsistent with this chapter, to carry into effect the powers and purposes of the authority
in the conduct of its business; (7) To purchase mortgage loans from mortgage lenders; (8)
To contract with mortgage lenders for the origination of, or the servicing, of mortgage loans
to be made by such mortgage lenders and the servicing of the...
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7-9A-102
Section 7-9A-102 Definitions and index of definitions. (a) Article 9A definitions. In this
article: (1) "Accession" means goods that are physically united with other goods
in such a manner that the identity of the original goods is not lost. (2) "Account,"
except as used in "account for," means a right to payment of a monetary obligation,
whether or not earned by performance, (i) for property that has been or is to be sold, leased,
licensed, assigned, or otherwise disposed of, (ii) for services rendered or to be rendered,
(iii) for a policy of insurance issued or to be issued, (iv) for a secondary obligation incurred
or to be incurred, (v) for energy provided or to be provided, (vi) for the use or hire of
a vessel under a charter or other contract, (vii) arising out of the use of a credit or charge
card or information contained on or for use with the card, or (viii) as winnings in a lottery
or other game of chance operated or sponsored by a State, governmental unit of a State, or...
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