Code of Alabama

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13A-8-44
Section 13A-8-44 Claim of right not defense in robbery prosecution. No person may submit in
defense against a prosecution for robbery in any of its degrees that there was no theft because
the taking was under a claim of right. Claim of right is not a defense under this article.
(Acts 1977, No. 607, p. 812, §3310.)...
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13A-9-11
Section 13A-9-11 Obtaining signature by deception. (a) A person commits the crime of obtaining
a signature by deception if with intent to defraud or to acquire a substantial benefit for
himself or another, he causes another by deception to sign or execute a written instrument.
(b) The definition of "deception" in Section 13A-8-1(1) applies to this section
also. (c) Obtaining a signature by deception is a Class A misdemeanor. (Acts 1977, No. 607,
p. 812, §4030.)...
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7-3-603
Section 7-3-603 Tender of payment. (a) If tender of payment of an amount due on an instrument
is made to a person entitled to enforce the instrument, the effect of tender is governed by
principles of law applicable to tender of payment under a simple contract and by subsections
(b), (c) and (d). (b) If tender of payment of an amount due on an instrument is made to a
person entitled to enforce the instrument and the tender is refused, there is discharge, to
the extent of the amount of the tender, of the obligation of an indorser or accommodation
party having a right of recourse with respect to the obligation to which the tender relates.
(c) If tender of payment of an amount due on an instrument is made to a person entitled to
enforce the instrument, the obligation of the obligor to pay interest after the due date on
the amount tendered is discharged. If presentment is required with respect to an instrument
and the obligor is able and ready to pay on the due date at every place of...
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13A-9-12
Section 13A-9-12 Offering false instrument for recording; nullifaction or expungement from
record. (a) A person commits the crime of offering a false instrument for recording if, knowing
that a written instrument relating to or affecting real or personal property, or an interest
therein, or directly affecting contractual relationships contains a material false statement
or material false information, and with intent to defraud, he presents or offers it to a public
office or a public employee, with the knowledge that it will be registered, filed or recorded
or become a part of the records of that public office or public employee. (b) Offering a false
instrument for recording is a Class A misdemeanor. (c) A person commits the crime of offering
a false instrument for recording against a public servant if the person offers, for recording,
a written instrument which relates to or affects the real or personal property, or an interest
therein, or a contractual relationship of a public...
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6-10-25
Section 6-10-25 Declaration of claimed exemptions - Contesting of claims. A plaintiff, in person
or by his or her agent or attorney, may contest a claim of exemption after a declaration thereof
has been filed by making and filing with the officer holding the process an affidavit that,
in his belief, either the claim is invalid entirely or it is invalid in part or is excessive,
specifying wherein such invalidity or excess consists, and if excessive, also specifying the
property alleged to be in excess, to be, in all cases, the last named in the claim. If the
claim is of personal property, he or she must also deliver to the officer a bond in double
the value of the property sought to be levied on, with sureties to be approved by the officer,
payable to the defendant claiming the exemption and conditioned that if the plaintiff fails
in the contest, he or she will pay the defendant all such costs and damages as he or she may
sustain by reason of the wrongful institution of the contest....
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7-3-501
Section 7-3-501 Presentment. (a) "Presentment" means a demand made by or on behalf
of a person entitled to enforce an instrument (i) to pay the instrument made to the drawee
or a party obliged to pay the instrument or, in the case of a note or accepted draft payable
at a bank, to the bank, or (ii) to accept a draft made to the drawee. (b) The following rules
are subject to Article 4, agreement of the parties, and clearing-house rules and the like:
(1) Presentment may be made at the place of payment of the instrument and must be made at
the place of payment if the instrument is payable at a bank in the United States; may be made
by any commercially reasonable means, including an oral, written, or electronic communication;
is effective when the demand for payment or acceptance is received by the person to whom presentment
is made; and is effective if made to any one of two or more makers, acceptors, drawees, or
other payors. (2) Upon demand of the person to whom presentment is made, the...
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7-8-208
Section 7-8-208 Effect of signature of authenticating trustee, registrar, or transfer agent.
(a) A person signing a security certificate as authenticating trustee, registrar, transfer
agent, or the like, warrants to a purchaser for value of the certificated security, if the
purchaser is without notice of a particular defect, that: (1) the certificate is genuine;
(2) the person's own participation in the issue of the security is within the person's capacity
and within the scope of the authority received by the person from the issuer; and (3) the
person has reasonable grounds to believe that the certificated security is in the form and
within the amount the issuer is authorized to issue. (b) Unless otherwise agreed, a person
signing under subsection (a) does not assume responsibility for the validity of the security
in other respects. (Acts 1965, No. 549, p. 811; repealed by Acts 1996, No. 96-742, p. 1241,
§1; added by Acts 1996, No. 96-742, p. 1241, §1.)...
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6-6-223
Section 6-6-223 Construction or validity of instruments, statutes, ordinances, contracts, or
franchises. Any person interested under a deed, will, written contract, or other writings
constituting a contract or whose rights, status, or other legal relations are affected by
a statute, municipal ordinance, contract, or franchise may have determined any question of
construction or validity arising under the instrument, statute, ordinance, contract, or franchise
and obtain a declaration of rights, status, or other legal relations thereunder. (Acts 1935,
No. 355, p. 777; Code 1940, T. 7, §157.)...
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13A-12-26
Section 13A-12-26 Defense to prosecution for possession of gambling records. A person does
not commit the crime of possession of gambling records in either degree if the writing, paper,
instrument or article possessed by the defendant is neither used nor intended to be used in
the operation or promotion of a bookmaking scheme or enterprise, or in the operation, promotion
or playing of a lottery or mutuel scheme or enterprise. The burden of injecting the issue
is on the defendant, but this does not shift the burden of proof. (Acts 1977, No. 607, p.
812, §6120.)...
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19-3B-604
Section 19-3B-604 Limitation on action contesting validity of revocable trust; distribution
of trust property. (a) A person may commence a judicial proceeding to contest the validity
of all or part of the terms of a trust that was revocable at the settlor's death within the
earlier of: (1) two years after the settlor's death; or (2) six months after the trustee sent
the person a copy of the trust instrument and a notice informing the person of the trust's
existence, of the trustee's name and address, and of the time allowed for commencing a proceeding.
(b) Upon the death of the settlor of a trust that was revocable at the settlor's death, the
trustee may proceed to distribute the trust property in accordance with the terms of the trust.
The trustee is not subject to liability for doing so unless: (1) the trustee has actual knowledge
of a pending judicial proceeding contesting the validity of all or part of the terms of the
trust; or (2) if, prior to the trustee's actual distribution, a...
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