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6-8-65
Section 6-8-65 Costs of publication - Affidavit that no agreement exists between officer and
publisher, etc., and that sum charged is lowest. All agreements between any officer charged
with the duty of advertising legal notices in a newspaper and the printer, publisher, or manager
of such paper whereby any advantage, gain, or profit is to accrue to such officer are void;
and before the charge for such advertisement can be demanded or received, the officer and
the printer, publisher, or manager must each make and file an affidavit that no such agreement
exists. The printer, publisher, or manager must, in addition, make affidavit to the entity
required to publish the legal notice that the sum charged does not exceed the lowest classified
rate paid by commercial customers for an advertisement of similar size, and frequency in the
same newspapers in which the public notice appears. (Code 1867, §646; Code 1876, §551; Code
1886, §667; Code 1896, §3046; Code 1907, §5187; Code 1923,...
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7-3-302
Section 7-3-302 Holder in due course. (a) Subject to subsection (c) and Section 7-3-106(d),
"holder in due course" means the holder of an instrument if: (1) The instrument
when issued or negotiated to the holder does not bear such apparent evidence of forgery or
alteration or is not otherwise so irregular or incomplete as to call into question its authenticity;
and (2) The holder took the instrument (i) for value, (ii) in good faith, (iii) without notice
that the instrument is overdue or has been dishonored or that there is an uncured default
with respect to payment of another instrument issued as part of the same series, (iv) without
notice that the instrument contains an unauthorized signature or has been altered, (v) without
notice of any claim to the instrument described in Section 7-3-306, and (vi) without notice
that any party has a defense or claim in recoupment described in Section 7-3-305(a). (b) Notice
of discharge of a party, other than discharge in an insolvency proceeding,...
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7-9A-614
Section 7-9A-614 Contents and form of notification before disposition of collateral: Consumer-goods
transaction. In a consumer-goods transaction, the following rules apply: (1) A notification
of disposition must provide the following information: (A) the information specified in Section
7-9A-613(1); (B) a description of any liability for a deficiency of the person to which the
notification is sent; (C) a telephone number from which the amount that must be paid to the
secured party to redeem the collateral under Section 7-9A-623 is available; and (D) a telephone
number or mailing address from which additional information concerning the disposition and
the obligation secured is available. (2) A particular phrasing of the notification is not
required. (3) The following form of notification, when completed, provides sufficient information:
Name and address of secured party Date NOTICE OF OUR PLAN TO SELL PROPERTY Name and address
of any obligor who is also a debtor Subject: ___...
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8-3-42
Section 8-3-42 Sureties entitled to summary judgment against principal and between each other.
Sureties, whether bound on the contract or instrument with the principal debtor as joint or
joint and several obligors or promisors, as accommodation drawers, acceptors, or endorsers
of a bill of exchange or in any other manner, are entitled to a summary judgment against their
principal and between each other, by motion in the circuit court on three days' notice thereof,
in the cases, and in the following manner: (1) Against the principal debtor: a. When a judgment
has been obtained against the surety which he has satisfied, either wholly or in part, for
the amount paid and interest; b. When a surety or sureties are sued without their principal
upon notice given to the principal of the pending action if judgment is obtained against the
surety, judgment for the same amount must be entered against the principal in favor of the
surety. (2) Between sureties: a. A surety who has paid the debt of...
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11-50-150
Section 11-50-150 Execution of sale, lease, etc., by governing body and terms thereof. If the
result of such election shall be in favor of a sale, lease, or disposition of the plant, the
board of aldermen or other governing body of the city or town may proceed to sell, lease,
or dispose of the electric light plant, gas plant, or waterworks plant owned by such city
or town at a price not less than the minimum price fixed as provided in Section 11-50-142,
and upon such terms and time of payment as to the said board of aldermen or governing body
may seem best, but if there are deferred payments, the same must be secured by a lien on the
plant sold or disposed of. (Acts 1909, No. 212, p. 253; Code 1923, §2068; Code 1940, T. 37,
§385.)...
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11-51-153
Section 11-51-153 Dissolution of injunction; reinstatement of injunction. After judgment is
entered against the respondent as provided by the terms of this division, an existing injunction
shall not be dissolved until the judgment and court costs taxed against the respondent are
satisfied and paid in full, unless the petitioner and respondent have agreed in writing on
a lesser amount necessary to satisfy the judgment and court costs, or until the respondent
shall have appealed and shall have executed a supersedeas bond to stay the execution of the
judgment, in the manner provided by the Alabama Rules of Appellate Procedure. All laws governing
appeals from money judgments are made applicable to this division except as they may be contrary
to any provision in this section. If the appeal is taken and the case reversed, the injunction
existing at the time of the appeal shall automatically be reinstated without the intervention
of the circuit court unless the appellate court otherwise...
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11-51-69
Section 11-51-69 Proceedings for sale of land for payment of taxes - Repayment of state when
sale of lands bid in by state invalid and purchase money refunded. When land which has been
bid in by the state at tax sales has been sold by the state and the state refunds the purchase
money on account of an invalid sale under and in accordance with the provisions of law in
regard to state and county taxes, the Department of Revenue must ascertain the amount of such
purchase money which has been paid to the municipality, if any, which amount it shall be the
duty of the Comptroller to certify to the mayor or other governing head of the said municipality,
and it shall be the duty of the mayor or other governing head of the municipality to present
such claim at the next succeeding meeting of the council, board of commissioners, or other
governing body of the said municipality and thereupon such council, board of commissioners,
or other governing body shall order a warrant in favor of the state...
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11-80-1
Section 11-80-1 Condemnation of lands for public building sites, roads, streets, construction
materials, etc. (a) Counties and municipal corporations may condemn lands for public building
sites or additions thereto, or for enlargements of sites already owned, or for public roads
or streets or alleys, or for material for the construction of public roads or streets or for
any other public use. (b) Notwithstanding any other provision of law, a municipality or county
may not condemn property for the purposes of private retail, office, commercial, industrial,
or residential development; primarily for enhancement of tax revenue; for transfer to a person,
nongovernmental entity, public-private partnership, corporation, or other business entity;
or for the primary purpose of acquiring a mortgage or deed of trust. Provided, however, the
provisions of this subsection shall not apply to the use of eminent domain by any municipality,
housing authority, or other public entity based upon a finding...
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40-10-15
Section 40-10-15 How sale made; duties of judge of probate. Such sales shall be made in front
of the door of the courthouse of the county at public outcry, to the highest bidder for cash,
between the hours of 10:00 A.M. and 4:00 P.M., and shall continue from day to day until all
the real estate embraced in the decree has been sold. The judge of probate must attend such
sales and make a record thereof in a book to be kept by him in his office for that purpose,
in which he shall describe each parcel of real estate sold and state to whom sold, the price
paid by the purchaser, the date of sale and, if no sale was effected, stating that fact, and
the reason thereof, and also in separate columns the amounts, as taken from the book or docket
in which the decrees are entered, of each kind of tax penalties and of the fees and costs
in each case, and he must also enter in such docket, in each case, the land sold under the
decree in that case, the purchaser thereof and the amount at which it was...
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40-10-29
Section 40-10-29 Deeds - Delivered to purchaser. After the expiration of three years from the
date of the sale of any real estate for taxes, the judge of probate then in office must execute
and deliver to the purchaser, other than the state, or person to whom the certificate of purchase
has been assigned, upon the return of the certificate, proof that all ad valorem taxes have
been paid, and payment of a fee of five dollars ($5) to the judge of probate, a deed to each
lot or parcel of real estate sold to the purchaser and remaining unredeemed, including therein,
if desired by the purchaser, any number of parcels, or lots purchased by him at such sale;
and such deed shall convey to and vest in the grantee all the right, title, interest and estate
of the person whose duty it was to pay the taxes on such real estate and the lien and claim
of the state and county thereto, but it shall not convey the right, title or interest of any
reversioner or remainderman therein. (Acts 1935, No. 194,...
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