40-10-76
Section 40-10-76 Action for possession defeated 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 any action brought
by the purchaser, or other person claiming under the purchaser, to recover the possession
of lands sold for taxes, a recovery is defeated on the ground that such sale was invalid for
any reason other than that the taxes were not due, the court shall forthwith, on the motion
of the plaintiff, 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 date
of sale, and the amount of such taxes on the lands, if any, as the plaintiff, or the person
under whom he claims, has, since such sale, lawfully paid or assumed by the state after its
purchase, with interest thereon from the date of such payment, the interest...
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7-2-509
Section 7-2-509 Risk of loss in the absence of breach. (1) Where the contract requires or authorizes
the seller to ship the goods by carrier: (a) If it does not require him to deliver them at
a particular destination, the risk of loss passes to the buyer when the goods are duly delivered
to the carrier even though the shipment is under reservation (Section 7-2-505); but (b) If
it does require him to deliver them at a particular destination and the goods are there duly
tendered while in the possession of the carrier, the risk of loss passes to the buyer when
the goods are there duly so tendered as to enable the buyer to take delivery. (2) Where the
goods are held by a bailee to be delivered without being moved, the risk of loss passes to
the buyer: (a) On his receipt of possession or control of a negotiable document of title covering
the goods; or (b) On acknowledgment by the bailee of the buyer's right to possession of the
goods; or (c) After his receipt of possession or control of a...
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7-7-207
Section 7-7-207 Goods must be kept separate; fungible goods. (a) Unless the warehouse receipt
provides otherwise, a warehouse shall keep separate the goods covered by each receipt so as
to permit at all times identification and delivery of those goods. However, different lots
of fungible goods may be commingled. (b) If different lots of fungible goods are commingled,
the goods are owned in common by the persons entitled thereto and the warehouse is severally
liable to each owner for that owner's share. If, because of overissue, a mass of fungible
goods is insufficient to meet all the receipts the warehouse has issued against it, the persons
entitled include all holders to which overissued receipts have been duly negotiated. (Prior
version of this section added by Acts 1965, No. 549, p. 811; repealed by Act 2004-315, p.
464, §1; current section added by Act 2004-315, p. 464, §1.)...
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7-7-305
Section 7-7-305 Destination bills. (a) Instead of issuing a bill of lading to the consignor
at the place of shipment, a carrier, at the request of the consignor, may procure the bill
to be issued at destination or at any other place designated in the request. (b) Upon request
of any person entitled as against a carrier to control the goods while in transit and on surrender
of possession or control of any outstanding bill of lading or other receipt covering the goods,
the issuer, subject to Section 7-7-105, may procure a substitute bill to be issued at any
place designated in the request. (Prior version of this section added by Acts 1965, No. 549,
p. 811; repealed by Act 2004-315, p. 464, §1; current section added by Act 2004-315, p. 464,
§1.)...
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7-7-402
Section 7-7-402 Duplicate document of title; overissue. A duplicate or any other document of
title purporting to cover goods already represented by an outstanding document of the same
issuer does not confer any right in the goods, except as provided in the case of tangible
bills of lading in a set of parts, overissue of documents for fungible goods, substitutes
for lost, stolen, or destroyed documents, or substitute documents issued pursuant to Section
7-7-105. The issuer is liable for damages caused by its overissue or failure to identify a
duplicate document by a conspicuous notation. (Prior version of this section added by Acts
1965, No. 549, p. 811; repealed by Act 2004-315, p. 464, §1; current section added by Act
2004-315, p. 464, §1.)...
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7-9A-337
Section 7-9A-337 Priority of security interests in goods covered by certificate of title. If,
while a security interest in goods is perfected by any method under the law of another jurisdiction,
this State issues a certificate of title that does not show that the goods are subject to
the security interest or contain a statement that they may be subject to security interests
not shown on the certificate: (1) a buyer of the goods, other than a person in the business
of selling goods of that kind, takes free of the security interest if the buyer gives value
and receives delivery of the goods after issuance of the certificate and without knowledge
of the security interest; and (2) the security interest is subordinate to a conflicting security
interest in the goods that attaches, and is perfected under Section 7-9A-311(b), after issuance
of the certificate and without the conflicting secured party's knowledge of the security interest.
(Act 2001-481, p. 647, §1.)...
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41-9-65
Section 41-9-65 Limitation periods for presentation of claims. (a) Unless otherwise provided
in this section, all claims must be presented to the Board of Adjustment within one year after
the cause of action accrues. (b) Claims for injury to the person resulting in death must be
presented to the Board of Adjustment within two years after the cause of action accrues, unless
the same is first carried into the courts of the state, in which event the statute of limitations
shall not begin to run until the date on which a final judgment in the same, holding the claimant
not entitled to relief through the courts of the state, is entered. (c) In the matter of escheats
to the State of Alabama, any such claim must be filed with the Board of Adjustment within
10 years from the time of the escheat to the State of Alabama; except, that the claims of
minors may be considered by the Board of Adjustment if the claims are filed within three years
after the minor has reached the age of 19 years. (d)...
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6-5-693
Section 6-5-693 Bankruptcy trust information. (a) A plaintiff in an asbestos action need not
comply with Section 6-5-692 if, within 90 days after the plaintiff files an asbestos action,
the plaintiff files all available asbestos trust claims and provides the parties with all
trust claim materials available to the plaintiff or plaintiff's counsel in relation to the
plaintiff's exposure to asbestos. This section does not apply if the plaintiff complies with
Section 6-5-692. (b) A plaintiff has a continuing duty to supplement the information and materials
provided under subsection (a) within 30 days after the plaintiff supplements an asbestos trust
claim, receives additional information or materials related to an asbestos trust claim, or
files an additional trust claim. (c) Not less than 60 days before trial, if a defendant presents
evidence that the plaintiff has not filed all available asbestos trust claims, as required
under subsection (a), the defendant may move the court for an order...
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7-1-205
Section 7-1-205 Reasonable time; seasonableness. (a) Whether a time for taking an action required
by this title is reasonable depends on the nature, purpose, and circumstances of the action.
(b) An action is taken seasonably if it is taken at or within the time agreed or, if no time
is agreed, at or within a reasonable time. (Prior version of this section added by Acts 1965,
No. 549, p. 811; repealed by Act 2004-524, p. 1070, §§1, 3; current section added by Act
2004-524, p. 1070, §1.)...
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7-7-104
Section 7-7-104 Negotiable and nonnegotiable document of title. (a) Except as otherwise provided
in subsection (c), a document of title is negotiable if by its terms the goods are to be delivered
to bearer or to the order of a named person. (b) A document of title other than one described
in subsection (a) is nonnegotiable. A bill of lading that states that the goods are consigned
to a named person is not made negotiable by a provision that the goods are to be delivered
only against an order in a record signed by the same or another named person. (c) A document
of title is nonnegotiable if, at the time it is issued, the document has a conspicuous legend,
however expressed, that it is nonnegotiable. (Prior version of this section added by Acts
1965, No. 549, p. 811; repealed by Act 2004-315, p. 464, §1; current section added by Act
2004-315, p. 464, §1.)...
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