35-9-39
Section 35-9-39 Levy upon crop of subtenant. When lands are cultivated by a subtenant, and
an attachment or other process is sued out by the superior landlord, or his assignee, for
the purpose of enforcing his lien for rent and advances, or either, the crop of the tenant
in chief must first be exhausted, before levy is made on the crop of the subtenant; but if
the tenant in chief makes no crop, or if the crop made by him is not sufficient to satisfy
the plaintiff's demand, then a sufficient amount of the crop of the subtenant may be levied
on to supply the deficiency; and any levy made in violation of this section may be vacated
on motion, at the first session of the court thereafter. (Code 1876, §3476; Code 1886, §3066;
Code 1896, §2713; Code 1907, §4744; Code 1923, §8810; Code 1940, T. 31, §25.)...
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36-22-14
Section 36-22-14 Conveyance of money subject to further order or judgment of court to successor
by sheriff upon expiration of official term. The sheriff having in his hands at the expiration
of his official term any money held by him subject to the further order or judgment of any
court shall, on the demand of his successor in office, pay the same to him and on such payment
shall be discharged from further liability therefor. (Code 1876, §738; Code 1886, §818;
Code 1896, §3748; Code 1907, §5880; Code 1923, §10206; Code 1940, T. 54, §26.)...
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43-2-813
Section 43-2-813 Effect of order or decree of insolvency certified to other courts after judgment
or decree therein rendered. After judgment or decree has been rendered in any court against
an executor or administrator for any debt, damages or costs, if the estate is subsequently
declared insolvent, such personal representative may file a certified copy of the decree or
order of the probate court declaring such estate insolvent with the clerk or register of the
court in which such judgment or decree was rendered against the personal representative; whereupon,
it shall be the duty of such clerk or register to certify back to the probate court a copy
of such judgment or decree for payment in the probate court as other claims against insolvent
estates, after which no execution shall issue or be further enforced against such executor
or administrator or sureties personally by the court rendering such judgment or decree. (Code
1907, §2796; Code 1923, §6035; Code 1940, T. 61, §422.)...
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6-5-247
Section 6-5-247 Definitions. Unless the context otherwise requires, the words defined in this
section shall have the following meanings when found in this article: (1) SALE or SOLD. Any
execution, judgment, or foreclosure sale, whether the sale is made under any power of sale
in any mortgage or deed of trust or statutory power of sale, or by virtue of any judgment
in any court of competent jurisdiction. (2) MORTGAGE. Any mortgage, deed of trust, or any
other instrument intended to secure the payment of money, such as an instrument which includes
a vendor's lien. (3) JUNIOR MORTGAGE. Any mortgage, deed of trust, or any other instrument
intended to secure the payment of money by the transfer of an interest in real property, such
as a conveyance which includes a vendor's lien, which are lower in priority than the foreclosed
mortgage or lien. (Acts 1988, No. 88-441, p. 647, §1.)...
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6-6-100
Section 6-6-100 By whom; execution of bond. The defendant in attachment or, in his absence,
a stranger, may replevy the goods or chattels attached, or any part thereof, by executing
bond, with sufficient sureties, payable to the plaintiff, in double the value of the property
replevied, to be determined by the officer making the levy, with condition that if the defendant
fails in the action, the principal in the bond or his sureties will return the specific property
attached within 30 days after the judgment, which bond must be returned with the other papers
of the case. (Code 1852, §2536; Code 1867, §2964; Code 1876, §3289; Code 1886, §2964;
Code 1896, §555; Code 1907, §2955; Code 1923, §6203; Code 1940, T. 7, §876.)...
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6-6-180
Section 6-6-180 Complaint to compel discovery, etc., of property - Execution for money not
satisfied. When an execution for money from any court has been issued against a defendant
and is not satisfied, the plaintiff, or the person for whose benefit such execution is sued
out, may file a complaint against such defendant to compel the discovery of any property belonging
to him, or held in trust for him, and to prevent the transfer, payment or delivery thereof
to such defendant, except when the trust has been created by, or proceeded from, some other
person than the defendant himself; and the court may bring any other party before it and adjudge
such property, or the interest of the defendant therein, to the satisfaction of the sum due
the plaintiff. (Code 1852, §2987; Code 1867, §3442; Code 1876, §3882; Code 1886, §3540;
Code 1896, §814; Code 1907, §3735; Code 1923, §7338; Code 1940, T. 7, §893.)...
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6-6-459
Section 6-6-459 Contest of answer by defendant. The defendant, upon the coming in of the answer,
may, within 30 days after notice of the filing of the answer, allege that the garnishee is
indebted to him in a larger sum than he has admitted, is otherwise liable to him on a demand,
the subject of garnishment, or that he holds money or effects of the defendant not admitted
in his answer, which, being reduced to writing setting forth particularly in what respect
the answer is deficient and being sworn to, an issue must thereupon be made up, under the
direction of the court, which must be tried by a jury if required by either party; but such
controversy shall not prevent the plaintiff from taking judgment upon the answer of the garnishee.
(Code 1852, §2547; Code 1867, §2975; Code 1876, §3300; Code 1886, §2982; Code 1896, §2197;
Code 1907, §4326; Code 1923, §8077; Code 1940, T. 7, §1021.)...
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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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11-48-47
Section 11-48-47 Appeals from judgment of circuit court - By municipality - Issuance of execution
and order of sale upon entry of final judgment in favor of municipality. In the event the
final judgment is entered in favor of the city or town, execution may be issued thereon against
the principal and sureties on the appeal bond, unless the amount of the judgment is paid within
30 days from the date of such judgment, and the court shall, by further order, require that
the property assessed be sold to satisfy such judgment. Nothing contained in this article
shall operate to release or discharge the lien on such property unless the assessment is fully
paid. (Code 1907, §1400; Code 1923, §2215; Acts 1927, No. 639, p. 753; Code 1940, T. 37,
§556.)...
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35-11-311
Section 35-11-311 Enforcement of lien. For the enforcement of such lien, the owner of such
boom, bulkhead, piles or other structure, may have process of attachment from any court having
jurisdiction of the amount claimed leviable upon the vessel, boat, flatboat, raft, log or
stick of timber or wood upon which the lien exists: (1) When such claim is due and the defendant,
on demand, fails or refuses to pay the same. (2) Whether such claim is due or not, when the
defendant has removed, or there is good reason to believe he is about to remove any of the
property on which the lien declared in Section 35-11-310 exists, without paying such charges.
(Code 1896, §2785; Code 1907, §4819; Code 1923, §8911; Code 1940, T. 33, §74.)...
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