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19-3-25
Section 19-3-25 Appointment and duties of appraisers. On the filing of such inventory, the
register or clerk must indorse upon each of such copies the fact and date of such filing and
must appoint three competent and disinterested persons, who must not be of kin or of counsel
to any person interested in the trust estate, appraisers of and in each county in which any
part of the trust property may be, and must attach to the commission one of the copies of
such inventory, filed by the trustee; and the appraisers must, in writing, appraise at its
true value, the property described in such inventory, and set down in figures opposite each
item, the appraised value thereof, add each column and carry forward the result so as to show
the total valuation placed upon such property, and verify the same by affidavit and make return
thereof to the register or clerk who must record the commission to the appraisers and such
combined inventory and appraisement, together with the affidavits appended...
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19-3-24
Section 19-3-24 Duty of trustee to make inventory; filing of copies; supplemental inventories.
It is the duty of the trustee of an express trust created for the payment of debts, within
20 days after entering upon the execution of such trust, to make an inventory of the entire
trust property so far as the same has come to his possession or knowledge, describing the
real estate and grouping and classifying the personal property in as brief and comprehensive
manner as may be consistent with its proper identification and appraisement, and stating the
amount and character of all choses in action, with the names of debtors, belonging to the
trust. In reducing such inventory to writing, the trustee must leave appropriate spaces opposite
each article or item, with proper caption, in which spaces the appraised value may be inserted
by the appraisers. The trustee must, within the time above stipulated, file, in the office
of the register or clerk of the county in which the most valuable portion...
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36-14-13
Section 36-14-13 Acts and resolutions of Legislature - Distribution of additional copies, and
sale of surplus copies; electronic distribution. (a) The Secretary of State must also transmit
to the chair of the county commission and the judges of probate of each county, for such judge,
each member of the Legislature, clerk of any court of record, sheriff, and register of the
circuit court, one copy of each volume. The remaining copies must be sold as other books and
documents, the property of the state, at a price to be established by the Secretary of State,
and the proceeds thereof paid into the Treasury. (b)(1) In lieu of binding and distributing
copies of each volume of acts and resolutions as required under subsection (a), the distribution
may be made by electronic means, including the posting of the acts and resolutions on the
public website of the Secretary of State. (2) If the Secretary of State elects to distribute
copies of each volume of acts and resolutions by electronic means...
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19-3-27
Section 19-3-27 Submission of petition to circuit judge; order designating time for presenting
claims. Upon the filing of such petition the register or clerk must submit the same, together
with the inventory and appraisement, upon the original papers, to the circuit judge and the
circuit judge must make an order designating a day, not less than two nor more than 12 months
from the date thereof, by or on which day all claims against the trust estate must be presented,
verified by affidavit. (Code 1896, §4159; Code 1907, §6061; Code 1923, §10398; Code 1940,
T. 58, §15.)...
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6-10-82
Section 6-10-82 Appraisers - Report of homestead appraisement. The appraisers shall also appraise
the homestead of the decedent occupied by the decedent at the time of death or to which the
decedent was then entitled, and they shall report the appraisement thereof when the inventory
and appraisement of the personal property are returned, with a full and accurate description
of the same. (Code 1886, §2550; Code 1896, §2080; Code 1907, §4207; Code 1923, §7929;
Code 1940, T. 7, §672; Acts 1982, No. 82-399, p. 578, §8-102.)...
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6-9-23
Section 6-9-23 When execution to issue - Fraudulent disposal or removal of property by defendant.
After the entry of judgment and before the expiration of the time limited by the Alabama Rules
of Civil Procedure, on affidavit being made and filed that the defendant is about fraudulently
to dispose of or remove his property and that thereby the plaintiff will probably lose his
debt, the clerk or register must issue execution against the property of the defendant. (Code
1852, §2427; Code 1867, §2842; Code 1876, §3184; Code 1886, §2887; Code 1896, §1885;
Code 1907, §4083; Acts 1915, No. 206, p. 270; Code 1923, §7798; Code 1940, T. 7, §511.)...
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26-8-51
Section 26-8-51 Sale of property to effect removal thereof from state - Disposition of proceeds
from sale; compensation of commissioner. The commissioner must, as soon as practicable after
the receipt of the purchase money for the property sold by him or her, pay the same to the
judge of probate or register or clerk, as the case may be, of the court ordering the sale,
and such money must be retained and safely kept by such judge or register or clerk until the
sale has been duly confirmed or vacated. If the sale is vacated, the purchase money must be,
by such judge or register or clerk, returned to the purchaser. If the sale is confirmed, such
money must be by such officer paid over to the foreign conservator entitled to receive the
same, after deducting therefrom the costs and expenses attending the sale, including compensation
to the commissioner in the amount of two and one-half percent upon the proceeds of such sale,
but in no case more than $100. (Code 1896, §2385; Code 1907,...
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6-6-186
Section 6-6-186 Examination of debtor as to his property, etc. (a) After answer filed on the
application of the plaintiff showing a necessity therefor, which application must be verified
by oath, the judge may order an examination of the debtor before the register or clerk or
before an examiner specially appointed, touching and concerning his property, real or personal,
moneys, effects, and choses in action; and it is the duty of the debtor to attend at the time
and place to which he may be summoned by the register, clerk, or examiner and submit to such
examination. (b) The provisions of this section apply to any complaint filed under this article.
(Code 1876, §3887; Code 1886, §3548; Code 1896, §822; Code 1907, §3743; Code 1923, §7346;
Code 1940, T. 7, §901.)...
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6-9-160
Section 6-9-160 Restoration of property levied on to debtor upon executing bond; execution
on forfeiture of bond; exception. (a) When personal property is levied on by the sheriff,
if the defendant executes bond with sufficient surety in double the amount of the execution
payable to the plaintiff and conditioned to deliver the property levied on to the proper officer
by 12:00 noon of the day and at the place appointed for the sale thereof, the sheriff must
restore the property to the defendant. (b) If the property is not delivered according to the
condition of the bond, the sheriff must return it forfeited within five days thereafter to
the register or clerk's office out of which the execution issued, endorsing thereon a forfeiture
of the bond; and it is then the duty of the clerk or register, without delay, to issue execution
on the forfeited bond against all the obligors therein for the judgment and costs, upon which
no security of any kind can be taken, which he must endorse on the...
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28-4-288
Section 28-4-288 Execution of bond by defendant or claimant for recovery of seized vehicle,
etc., pending appeal; proceedings upon failure of bondsmen to deliver said vehicle, etc.,
upon affirmance of judgment upon appeal, etc. Whenever a conveyance, vehicle of any kind or
animal used in drawing the same is seized by an officer of the state under the prohibition
laws of this state and has been condemned by the circuit court that tried the action, the
defendant in the proceedings or the claimant of the property, pending an appeal to the Supreme
Court or Court of Civil Appeals, may, upon motion, have the court immediately appraise the
value of said property and of the several items separately and shall have the right to execute
a bond with two good sureties in double the appraised value of such property or of any item
or items thereof, to be approved by the clerk or register of the circuit court, conditioned,
in the event the appeal is affirmed or reversed and the conveyance, vehicle,...
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