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35-11-112
Section 35-11-112 Joinder of persons having liens on same property. (a) Persons having liens
under the provisions of this division, on the same property, may join in the same action for
the enforcement of their respective liens; and when there is such joinder, the court or jury
trying the action must ascertain the amount due to each of the plaintiffs secured by the lien,
and judgment must be rendered accordingly; but the failure of one or more of the plaintiffs
to establish his or their liens shall not defeat a recovery by the others. The proceeds of
the sale of the property levied on, if not sufficient to satisfy the demands of all the plaintiffs,
shall be distributed, after payment of the costs, pro rata among them. (b) When persons having
such liens on the same property refuse, after notice in writing, to join in such action, the
persons giving the notice may proceed without them on making affidavit of the fact of such
notice and refusal; and notice of the levy of the attachment...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-10-197.htm - 5K - Match Info - Similar pages
43-2-211
Section 43-2-211 Right to maintain actions and recover or receive property in state. Any executor
or administrator who has obtained letters testamentary or of administration on the estate
of a person who was not, at the time of his death, an inhabitant of this state, in any other
of the United States, and who has not obtained letters of administration thereon in this state,
as authorized by article 8 of chapter 2 of this title, may maintain civil actions and recover
or receive property in this state: (1) By recording, at any time before judgment or the receipt
of the property, a copy of his letters, duly authenticated according to the laws of the United
States, in the office of the judge of probate of the county in which such civil action is
brought or property received; or (2) By giving bond, with at least two good and sufficient
sureties, payable to and approved by such judge of probate, in such amount as he may prescribe,
to be determined with reference to the value of the property...
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6-5-466
Section 6-5-466 Revival in case of death of one or more defendants jointly sued. (a) The death
of one or more defendants jointly sued does not, as to the defendant dying, abate a claim
upon which an action has been filed if the claim survives; but such a claim may be revived
against the proper representative of such defendant and such representative and the surviving
defendant or defendants may be proceeded against jointly or severally, at the election of
the plaintiff. (b) Under this section, the judgment entered must be several, but against a
personal representative, if he objects, judgment must not be entered until after the expiration
of six months from the grant of letters testamentary or of administration. (c) Under this
section, the satisfaction of one judgment is, as to the plaintiff, a satisfaction of all,
except as to costs; but if requested, the plaintiff must assign, without recourse on him,
the judgment against a principal debtor to the party from whom satisfaction is...
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6-6-259
Section 6-6-259 Actions by mortgagees or vendor in conditional sale contract, etc., against
mortgagors or vendees, etc. (a) If the action is by a mortgagee or his assignee against a
mortgagor, or one holding under him, or by a vendor who has made a conditional sale reserving
the title until the entire purchase money shall be paid, or his assignee, against his vendee
or one holding under him, the defendant may, upon suggestion, require that the jury ascertain
the amount of the mortgage debt or the unpaid balance of the purchase price of the article
sold; and if the debt due is ascertained to be less than the value of the property sued for
as assessed by the jury, judgment must be entered for the property sued for or if that is
not to be had, then for the amount of the debt as ascertained by the jury. The court must
also make an order that, if the debt so ascertained, interest and costs, shall be paid within
30 days, no execution or other process shall issue on the judgment; and on...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-259.htm - 2K - Match Info - Similar pages
8-3-30
Section 8-3-30 When surety on replevy bond may demand collateral security; seizure of property
if collateral not given; disposition of seized perishable property. (a) When the principal
in any replevy bond is wasting the replevied property or is removing or is about to remove
himself or property out of the state, the surety or sureties on the replevy bond may demand
of the principal adequate indemnity against loss by collateral security. (b) If such security
is not given within five days after demand made, the surety may make affidavit thereof before
the clerk of the court in which such bond is filed, setting forth the demand of the principal
for collateral security, for some one or more of the causes mentioned in subsection (a) of
this section, and that the principal has failed to give security. Thereupon, the clerk must
issue a writ directed to the sheriff commanding him to seize the replevied property and hold
the same until the decision of the civil action in which it was replevied...
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12-19-92
Section 12-19-92 Constables' fees generally; exception as to Jefferson County. (a) Constables
shall be entitled to the following fees for the following services in civil cases in which
the amount in controversy is less than $20.00: (1) Serving summons $.50 (2) Summoning each
witness .25 (3) Levying an attachment for not more than $50.00 .75 (4) Levying an attachment
for more than $50.00 1.00 (5) Levying an execution for not more than $50.00 .50 (6) Levying
an execution for more than $50.00 1.00 (7) Making money on execution, two percent on the amount
collected, but in no case less than .50 (8) Serving notice on each party therein named .25
(9) Serving notice in the nature of scire facias .50 (10) Taking any bond required by law
.50 (11) Keeping property levied on, such sum as a judge may order to be paid out of the money
in the hands of the constable arising from the sale (12) In cases of forcible entry and detainer,
and unlawful detainer, for serving summons and writ 1.00 (13) For...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-19-92.htm - 3K - Match Info - Similar pages
6-6-294
Section 6-6-294 Retention of possession for one year by defendant if crop planted or growing
upon filing bond; force and effect of bond. (a) If the defendant has a crop planted or growing
on the premises and the court or jury finds for the plaintiff, they must also ascertain the
rental value of the premises during the current year, and no writ of possession can be issued
until the expiration of the year if the defendant executes a bond in double the amount of
such rent payable to the plaintiff, with surety approved by the clerk, conditioned to pay
the rent so assessed at the expiration of the year. (b) The bond must be filed in the office
of the clerk and, if the rent is not paid at the expiration of the year, has the force and
effect of a judgment; and thereon, execution for the amount of the rent must issue against
all the obligors or such of them as may be living. (Code 1852, §§2199, 2200; Code 1867,
§§2600, 2601; Code 1876, §§2949, 2950; Code 1886, §§2712, 2713; Code 1896,...
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37-9-18
Section 37-9-18 Certificates for common carriers and permits for contract carriers - Surety
bonds, insurance policies, etc., required. No certificate or permit shall be issued to an
air carrier or shall remain in force unless such carrier complies with such reasonable rules
and regulations as the commission shall prescribe covering the filing and approval of surety
bonds, policies of insurance, qualifications as a self-insurer or other securities or agreements
in such reasonable amount as the commission may require, conditioned to pay, within the amount
of such surety bonds, policies of insurance, qualifications as a self-insurer or other securities
or agreements, any final judgment recovered against such air carrier for a bodily injury or
the death of any person resulting from the negligent operation, maintenance or use of aircraft
under such certificate or permit, or for loss or damage to property of others. The commission
may, in its discretion and under such rules and regulations...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-9-18.htm - 2K - Match Info - Similar pages
40-10-2
Section 40-10-2 Book of lands upon which taxes have not been paid - Contents; form of entries.
The tax collector shall, at the expense of the county, procure a substantially bound book
in which he or she shall enter, in the manner usual in docketing causes for trial in the circuit
court, each parcel of real estate, or right or interest, or easement therein, assessed to
any person against whom taxes have been assessed which are not paid or, if the tax collector
has received written notice from the holder of a tax certificate, issued pursuant to Acts
1995, No. 95-408, requesting that the tax collector list the property described in such tax
certificate in the book of lands prepared pursuant to this section, have been paid by the
holder of such holder of a tax lien certificate, when a portion of the taxes are on the real
estate or right or interest or easement therein, describing the same in the same manner as
it is described in the assessment list or the record of tax lien sales kept...
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