reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 5 - Declaratory Judgments. › Section 6-6-226 - Enumeration in Sections 6-6-223, 6-6-224, and 6-6-225 Not Exclusive.

Section 6-6-226
Enumeration in Sections 6-6-223, 6-6-224, and 6-6-225 not exclusive.
The enumeration in Sections 6-6-223, 6-6-224, and 6-6-225 does not limit or restrict the exercise of the general powers conferred in Section 6-6-222 in any proceeding where declaratory relief is sought in which a judgment will terminate the controversy or remove an uncertainty.
(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §160.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 5 - Declaratory Judgments. › Section 6-6-227 - Persons to Be Made Parties; Rights of Persons Not Parties.

Section 6-6-227
Persons to be made parties; rights of persons not parties.
All persons shall be made parties who have, or claim, any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance, or franchise, such municipality shall be made a party and shall be entitled to be heard; and if the statute, ordinance, or franchise is alleged to be unconstitutional, the Attorney General of the state shall also be served with a copy of the proceeding and be entitled to be heard.
(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §166.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 5 - Declaratory Judgments. › Section 6-6-228 - Determination of Issue of Fact.

Section 6-6-228
Determination of issue of fact.
When a proceeding under this article involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §164.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 5 - Declaratory Judgments. › Section 6-6-229 - When Refusal Proper.

Section 6-6-229
When refusal proper.
The court may refuse to enter a declaratory judgment where such judgment, if entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §161.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 5 - Declaratory Judgments. › Section 6-6-230 - Granting of Further Relief; Application Therefor; Order to Show Cause.

Section 6-6-230
Granting of further relief; application therefor; order to show cause.
Further relief based on a declaratory judgment may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application is deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment to show cause why further relief should not be granted forthwith.
(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §163.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 5 - Declaratory Judgments. › Section 6-6-231 - Awarding of Costs.

Section 6-6-231
Awarding of costs.
In any proceeding under this article, the court may make such award of costs as may seem equitable and just.
(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §165.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 5 - Declaratory Judgments. › Section 6-6-232 - Review of Orders and Judgments.

Section 6-6-232
Review of orders and judgments.
All orders and judgments under this article may be reviewed as other orders and judgments.
(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §162.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-250 - Duty of Clerk to Require Taking of Property by Sheriff Unless Defendant Gives Bond; Disposition of Property on Failure to Give Bond.

Section 6-6-250
Duty of clerk to require taking of property by sheriff unless defendant gives bond; disposition of property on failure to give bond.
(a) When an action is commenced for the recovery of personal chattels in specie, if the plaintiff, his agent, or attorney makes affidavit that the property sued for belongs to the plaintiff and executes a bond in such sum and with such surety as may be approved by the clerk, with condition that if the plaintiff fails in the action, he will pay the defendant all such costs and damages as he may sustain by the wrongful complaint, it is the duty of the clerk to endorse on the summons that the sheriff is required to take the property mentioned in the complaint into his possession unless the defendant gives bond payable to the plaintiff, with sufficient surety, in double the value of the property, with condition that if the defendant fails in the action he will, within 30 days thereafter, deliver the property to the plaintiff and pay all costs and damages which may accrue from the detention thereof.
(b) If the defendant neglects for five days to give such bond, the property sued for must be delivered to the plaintiff on his giving bond, with sufficient surety, in double the value of the property, payable to the defendant, with condition to deliver the property to the defendant within 30 days after judgment in case he fails in the action and to pay all damages for the detention of the property and costs of the action. If the plaintiff fails to give such bond for five days after the expiration of the time allowed the defendant, the property must be returned to the defendant.
(Code 1852, §§2192, 2193; Code 1867, §§2593, 2594; Code 1876, §§2942, 2943; Code 1886, §§2717, 2718; Code 1896, §§1474, 1475; Code 1907, §§3778, 3780; Code 1923, §§7389, 7391; Code 1940, T. 7, §§918, 920.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-251 - Service of Process in Action for Recovery of Household Furniture and Equipment; Effect Thereof.

Section 6-6-251
Service of process in action for recovery of household furniture and equipment; effect thereof.
When a detinue action is commenced under the provisions of this article for the recovery of household furniture and equipment and the plaintiff, his agent, or attorney has made an affidavit that the property sued for belongs to the plaintiff and that the plaintiff is entitled to the immediate possession of said property by reason of a default in the payment of the purchase price under a lease sale contract and has executed a bond as required by Section 6-6-250, the sheriff, or other officer authorized to serve process, may serve the summons and complaint by leaving a copy thereof at the place where the household furniture or equipment sued for is seized and taken from the premises by the officer serving the process; and such service shall constitute sufficient service thereof on the defendant for the purpose of obtaining a judgment against the defendant for the property sued for and seized, but not for the costs of court nor any other personal judgment.
(Acts 1951, No. 979, p. 1653, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-252 - Intervention by Claimant of Property; Disposition of Property.

Section 6-6-252
Intervention by claimant of property; disposition of property.
When an action is commenced for the recovery of personal property in specie under the provisions of subsection (a) of Section 6-6-250, any person claiming an interest in the property may intervene as a matter of right. Within five days after entry of the order authorizing intervention, the intervenor may make affidavit that the property sued for belongs to him and give bond in favor of the party then entitled to possession of the property pending an action, or, if neither party is then entitled to possession of the property pending an action and the property is in the custody of the sheriff, in favor of the party from whom the property was taken, the bond to be in the amount and upon the terms provided in subsection (b) of Section 6-6-250, whereupon the sheriff must deliver the property to the claimant unless, within five days after the sheriff seizes the property for delivery to the claimant, the party to whom the intervenor gave bond gives a similar bond in favor of the intervenor, in which case the property shall be returned to him. The other provisions of this article shall be applicable to intervenors as far as appropriate.
(Code 1896, §1484; Code 1907, §3792; Code 1923, §7403; Code 1940, T. 7, §932.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-253 - Interpleader by Defendant of Adverse Claimant of Property; Force and Effect of Bonds Given.

Section 6-6-253
Interpleader by defendant of adverse claimant of property; force and effect of bonds given.
(a) If the defendant in a detinue action interpleads a claimant of the property and the defendant is discharged as provided in the Alabama Rules of Civil Procedure and if the defendant has retained possession of the chattels, giving bond, the court may order the chattels to be delivered to such claimant on his giving bond with sufficient surety, to be approved by the clerk, payable to the plaintiff in the penalty of the bond of the defendant with condition that if he is not successful in the action he will, within 20 days thereafter, deliver the chattels and pay all such damages as may be assessed for the detention thereof and all costs adjudged against him. If such person refuses or neglects to give such bond for three days after service of his first pleading or motion in the action, the chattels must be delivered to the plaintiff on his giving bond with sufficient surety, to be approved by the clerk, payable to such claimant in the penalty of the bond of the defendant and with like condition. On the execution and approval of either bond, the bond of the defendant is discharged and must be cancelled.
(b) The bonds taken under this section, on breach of the condition thereof and on return of the sheriff as in the case of bonds taken from plaintiff or defendant in other actions for the recovery of chattels in specie, have the force and effect of judgments on which execution or other process may issue against all, or any, of the obligors. If such person, on notice, does not come in and defend, the judgment entered in the action bars him from commencing any action against the plaintiff or defendant for the chattels or the taking, conversion or detention thereof. If the plaintiff fails to give bond as provided in this section, the chattels must be delivered to the defendant.
(Code 1886, §2611; Code 1896, §2634; Code 1907, §6051; Code 1923, §10387; Code 1940, T. 7, §933.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-254 - Return of Bonds; Liability of Sheriff for Failing to Do So; Compelling Making of Return.

Section 6-6-254
Return of bonds; liability of sheriff for failing to do so; compelling making of return.
All bonds taken under this article must be returned within 10 days thereafter to the clerk of the court in which the action is pending, and, on failure, the sheriff is liable to the successful party to the amount of the value of the property and damages for its detention as assessed by the jury, with interest thereon from the entry of the judgment, to be recovered on motion to the court in which such judgment was entered on three days' notice, or the sheriff may, at any time, be compelled by attachment to make such return.
(Code 1852, §2196; Code 1867, §2597; Code 1876, §2946; Code 1886, §2722; Code 1896, §1481; Code 1907, §3787; Code 1923, §7398; Code 1940, T. 7, §927.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-255 - Proceedings When Officer Fails to Find and Take Property.

Section 6-6-255
Proceedings when officer fails to find and take property.
If the officer fails to find and take the goods and chattels, he may summon the defendant to appear as in other cases, and the plaintiff may then declare and prosecute the action alone for the recovery of the value of the property and damages for the taking and detention of the property as if he had thus commenced his action by a complaint.
(Code 1907, §3779; Code 1923, §7390; Code 1940, T. 7, §919.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-256 - Assessment of Value and Damages and Judgment - Trial of Action.

Section 6-6-256
Assessment of value and damages and judgment - Trial of action.
Upon the trial the jury must, if it finds for the plaintiff, assess the value of each article separately, if practicable, and also assess damages for its detention. If it finds for the defendant, it must, in like manner, assess the value and, if in the possession of the plaintiff, assess damages for its detention. Judgment against either party must be for the property sued for, or its alternate value, with damages for its detention to the time of trial.
(Code 1852, §2194; Code 1867, §2595; Code 1876, §2944; Code 1886, §2719; Code 1896, §1476; Code 1907, §3781; Code 1923, §7392; Code 1940, T. 7, §921.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-257 - Assessment of Value and Damages and Judgment - Dismissal of Action.

Section 6-6-257
Assessment of value and damages and judgment - Dismissal of action.
When the property sued for is in the possession of the plaintiff and the action is dismissed, the court shall cause a jury to assess the alternate value of the property and also the value of the hire or use thereof during the time it was in the possession of the plaintiff and shall enter judgment for the defendant for the recovery of the property, or its alternate value, and damages for the use or hire thereof.
(Code 1896, §1482; Code 1907, §3788; Code 1923, §7399; Code 1940, T. 7, §928.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-258 - Assessment of Value and Damages and Judgment - Failure of Defendant to Appear and Plead.

Section 6-6-258
Assessment of value and damages and judgment - Failure of defendant to appear and plead.
Upon the defendant's failure to appear and plead in such case, within the time provided by law, the plaintiff may take judgment against the defendant for the property sued for; and, upon proof that defendant was in possession of the property sued for at the time of the service of the writ or at the commencement of the action, the plaintiff may also recover of the defendant the costs in the case and the value of the use of the property while in the possession of such defendant and may also have the jury to assess the value of the property sued for and have judgment thereon for the alternate value thereof as is now provided by law.
(Acts 1911, No. 53, p. 33; Code 1923, §7406; Code 1940, T. 7, §936.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-259 - Actions by Mortgagees or Vendor in Conditional Sale Contract, etc., Against Mortgagors or Vendees, Etc.

Section 6-6-259
Actions by mortgagees or vendor in conditional sale contract, etc., against mortgagors or vendees, etc.
(a) If the action is by a mortgagee or his assignee against a mortgagor, or one holding under him, or by a vendor who has made a conditional sale reserving the title until the entire purchase money shall be paid, or his assignee, against his vendee or one holding under him, the defendant may, upon suggestion, require that the jury ascertain the amount of the mortgage debt or the unpaid balance of the purchase price of the article sold; and if the debt due is ascertained to be less than the value of the property sued for as assessed by the jury, judgment must be entered for the property sued for or if that is not to be had, then for the amount of the debt as ascertained by the jury. The court must also make an order that, if the debt so ascertained, interest and costs, shall be paid within 30 days, no execution or other process shall issue on the judgment; and on payment thereof to the plaintiff or to the clerk for his use, the clerk must, on the face of the record of the judgment, endorse the fact of such payment, and thereafter the plaintiff shall be deemed the unsuccessful party within the meaning of Section 6-6-262.
(b) When the action is by a mortgagee or by a vendor in a contract of conditional sale, or their assignee, against the mortgagor or the vendee, or one holding under them, and suggestion is made as provided in subsection (a) of this section, if the amount of the debt is ascertained to be less than the value of the property sued for and the defendant has given bond and taken the property into his possession and fails for 30 days after the judgment to deliver the property or pay the amount found to be due to the sheriff, execution may issue against the obligors in the bond for the amount of the debt assessed and the costs in like manner as provided in Section 6-6-262.
(c) In any action under the provisions of this article commenced by a mortgagee or by a vendor in a contract of conditional sale, or by their assignee claiming title under such mortgagee or vendor in a contract of conditional sale, in addition to any defenses appropriate to the action of detinue, the defendant may plead any matter of defense, including usury, that he might have pleaded if the action had been on the debt, except the statute of limitations.
(Code 1886, §2720; Code 1896, §§1477, 1478, 1480; Code 1907, §§3789-3791; Code 1923, §§7400-7402; Code 1940, T. 7, §§929-931.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-260 - Recovery of Attorney's Fee by Person Claiming to Be Owner of Lost or Stolen Property.

Section 6-6-260
Recovery of attorney's fee by person claiming to be owner of lost or stolen property.
Any person claiming to be the owner of lost or stolen property found in the possession of another may, if such person continues to withhold such property five days after demand made therefor and after reasonable proof of his ownership has been made to such holder, commence an action for and recover in an action in detinue, filed against the person withholding said property, a reasonable attorney's fee for the services of his attorney in such action if such claimant prevails therein, upon proof of the reasonable value of such services, which attorney's fee shall be included in the judgment entered in the action and which shall be in addition to any other damages recoverable in such cases.
(Acts 1951, No. 771, p. 1340.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-261 - Execution Upon Judgment.

Section 6-6-261
Execution upon judgment.
If the party in whose favor the judgment is given is in possession of the property in controversy, he shall retain it or, if the property is in possession of the officer seizing it, he shall deliver it to the successful party, and a writ of execution will issue for the damages and costs of the action. If the property is in possession of the losing party, the execution shall command the sheriff to take the property in controversy and deliver it to the successful party and, if the property cannot be had, that he make the value thereof out of the goods and chattels, lands and tenements of the party and his sureties, if any, against whom the judgment is entered and shall command that he so make the damages assessed and costs of the action.
(Code 1907, §3782; Code 1923, §7393; Code 1940, T. 7, §922.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-262 - Execution, Garnishment, or Other Process on Bond.

Section 6-6-262
Execution, garnishment, or other process on bond.
If the unsuccessful party, who has given bond and taken the property into possession fails, for 30 days after the judgment, to deliver the property and to pay the damages assessed for the detention thereof and the costs, the sheriff must, upon the bond, make return of the fact of such failure; and, thereupon, the bond has the force and effect of a judgment on which execution, garnishment, or other process may issue against any, or all, the obligors therein for the alternative value of the property as assessed by the jury and the damages assessed for its detention and the costs. If the property is delivered and the damages assessed for its detention and the costs are not paid, the sheriff must, upon the bond, make return of the fact, and execution, garnishment, or other process must issue against any or all of the obligors for such damages and costs, or for either, as either may be unpaid.
(Code 1852, §2195; Code 1867, §2596; Code 1876, §2945; Code 1886, §2721; Code 1896, §1479; Code 1907, §3783; Code 1923, §7394; Code 1940, T. 7, §923.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-263 - Compelling Restoration of Property by Execution or Attachment; Form of Writ.

Section 6-6-263
Compelling restoration of property by execution or attachment; form of writ.
(a) Any party recovering specific property may compel its restoration, when practicable, by a writ of execution or by moving for an attachment.
(b) The form of the writ of attachment or execution mentioned in subsection (a) of this section may be substantially as follows, though not exclusive of any other sufficient form:
State of Alabama,
County of ________
To any lawful officer of the County of ____________:
You are hereby commanded to attach the specific personal property and deliver the same to A. B., which he recovered of C. D. on the ____ day of _____, in the _____ court of said county, and which was therein adjudged to be delivered to said A. B., to wit: (describe the property), if the same may be had; or if the said C. D. secrete or remove the said property so that it cannot be attached by you and delivered to said A. B., then you are commanded to distrain C. D. by all his real and personal estate in your county, so that thereon he does not lay hands, until he delivers to you or to A. B. the specific property mentioned above, recoverable of him by A. B., if the same may be had; but if not, then you shall cause to be made of such estate of C. D. the alternative price and value of said specific property, to wit: _____ dollars, together with _____ dollars damages for the detention, and _____ dollars costs; and if the property be delivered, you will then cause to be made only the damages for detention and costs, and make due return of this writ to this court how you have executed the same.
________________, Clerk
(Code 1852, §2197; Code 1867, §2598; Code 1876, §2947; Code 1886, §2723; Code 1896, §1483; Code 1907, §§3784, 3785; Code 1923, §§7395, 7396; Code 1940, T. 7, §§924, 925.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 6 - Detinue. › Section 6-6-264 - Issuance of Writs Until Judgment Satisfied.

Section 6-6-264
Issuance of writs until judgment satisfied.
The issuance of any one or more of the writs of process for the enforcement of judgments in detinue shall not bar or prevent issuance of other or appropriate writs to enforce such judgments until there has been a satisfaction of the judgment.
(Code 1907, §3786; Code 1923, §7397; Code 1940, T. 7, §926.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-280 - Election to Proceed by Action of Ejectment or Action in Nature of Ejectment; Proceedings Upon Action in Nature of Ejectment.

Section 6-6-280
Election to proceed by action of ejectment or action in nature of ejectment; proceedings upon action in nature of ejectment.
(a) A plaintiff commencing an action for the recovery of lands or the possession thereof has an election to proceed by an action of ejectment or by an action in the nature of an action of ejectment as is provided in subsection (b) of this section.
(b) An action for the recovery of land or the possession thereof in the nature of an action in ejectment may be maintained without a statement of any lease or demise to the plaintiff or ouster by a casual or nominal ejector, and the complaint is sufficient if it alleges that the plaintiff was possessed of the premises or has the legal title thereto, properly designating or describing them, and that the defendant entered thereupon and unlawfully withholds and detains the same. This action must be commenced in the name of the real owner of the land or in the name of the person entitled to the possession thereof, though the plaintiff may have obtained his title thereto by a conveyance made by a grantor who was not in possession of the land at the time of the execution of the conveyance thereof. The plaintiff may recover in this action mesne profits and damages for waste or any other injury to the lands, as the plaintiff's interests in the lands entitled him to recover, to be computed up to the time of the verdict.
(Code 1852, §§2209, 2210; Code 1867, §§2610, 2611, 2621; Code 1876, §§2959, 2960, 2970; Code 1886, §§2695, 2696; Code 1896, §§1529, 1530; Code 1907, §§3838, 3839; Code 1923, §§7453, 7454; Code 1940, T. 7, §§937, 938.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-281 - Recovery of Lands by or in Name of State for Schools or Other Educational or Governmental Institutions.

Section 6-6-281
Recovery of lands by or in name of state for schools or other educational or governmental institutions.
All actions for the recovery of land, or the possession thereof, belonging to the state, and sixteenth section lands, school indemnity lands and all other school lands, the lands of the University of Alabama, Auburn University, and of any other public educational or governmental institution of this state shall be commenced by and in the name of the State of Alabama or in the name of the State of Alabama for the use of the schools or other educational or governmental institutions to which, or for the use of which, the lands sued for were donated, granted, purchased, or held.
(Code 1907, §3859; Code 1923, §7475; Code 1940, T. 7, §960.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-282 - Actions by Mortgagee, etc., Against Mortgagors, Etc.

Section 6-6-282
Actions by mortgagee, etc., against mortgagors, etc.
If the action is by a mortgagee or his assignee against the mortgagor, or anyone holding under him, the defendant may plead payment of the mortgage debt or the performance of the condition of the mortgage, or any matter which might be pleaded to a direct civil action for the recovery of the mortgage debt, except the statute of limitations. The jury must pass upon such answers and must ascertain the amount of the mortgage debt if any is found to exist. If the verdict is for the defendant, judgment must be entered for him; but if the verdict ascertains an amount due on the mortgage debt, judgment must be entered for the plaintiff for the possession of the land and the costs, and the amount of the mortgage debt, as ascertained by the jury, must be stated in the judgment. If, within 30 days after the entry of the judgment, the defendant shall pay to the plaintiff, or to the clerk for his use, such debt, interest, and costs, then a writ of possession must not issue, and the clerk shall endorse upon the face of the record of the judgment the fact of such payment.
(Code 1886, §2707; Code 1896, §1547; Code 1907, §3851; Code 1923, §7465; Code 1940, T. 7, §950.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-283 - Demanding Abstract of Title to Be Relied on for Recovery or Defense; Proceedings Upon Failure to Furnish Same.

Section 6-6-283
Demanding abstract of title to be relied on for recovery or defense; proceedings upon failure to furnish same.
In all actions or proceedings involving the title or right of possession to land, either party may, by notice in writing to the opposing party or his attorney of record not less than 10 days before the trial, demand an abstract in writing of the title, or titles, on which he will rely for recovery or defense, and such party must be confined to the proof of such title or titles upon the trial. If either party, after such demand and notice, fails to furnish such abstract of title, the party so demanding may move the court to require the party in default to furnish the abstract of title, and the court may enter an order requiring the party so in default to furnish the abstract of title within the time to be fixed by the order of the court. Upon failure to comply with such order, the court must dismiss the action or proceeding if the plaintiff is in default or may enter judgment by default if the defendant is the party in default, or the court may, in its discretion, tax the party so in default with all or any part of the costs of the action or proceeding.
(Code 1867, §2612; Code 1876, §2961; Code 1886, §2697; Code 1896, §1531; Code 1907, §3841; Code 1923, §7455; Code 1940, T. 7, §940.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-284 - Disclaimer of Possession by Defendant.

Section 6-6-284
Disclaimer of possession by defendant.
Along with any other defenses he may have in an action of ejectment or in an action in the nature of ejectment, the defendant may disclaim possession of the premises sued for in whole or in part. If the defendant pleads the defense of disclaimer only and no other, the plaintiff may take judgment or may take issue; and, if the issue is found for him, he is entitled to judgment as if the defendant had, in an action of ejectment, entered into the consent rule, confessing possession as well as lease, entry, and ouster or, in an action in the nature of an action of ejectment, had admitted possession.
(Code 1852, §2213; Code 1867, §2614; Code 1876, §2963; Code 1886, §2699; Code 1896, §1533; Code 1907, §3843; Code 1923, §7457; Code 1940, T. 7, §942.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-285 - Proceedings Upon Defendant's Suggestion of Disputed Boundary Line.

Section 6-6-285
Proceedings upon defendant's suggestion of disputed boundary line.
The defendant, within pleading time or within 30 days before the case is called for trial and after notice to the plaintiff or his attorney of record of his purpose so to do, may file his suggestion in writing that the action arises over a disputed boundary line, in which suggestion he shall describe the location of the true line, and the court or jury trying the issue shall ascertain the true location of the boundary line, and judgment shall be entered accordingly, and shall order the sheriff to establish and mark the true line as ascertained; and, in such case, the costs shall be apportioned justly and equitably. A single judgment on such issue of the location of the true boundary line shall bar another action for the location of the same boundary line.
(Code 1852, §2213; Code 1867, §2614; Code 1876, §2963; Code 1886, §2699; Code 1896, §1533; Code 1907, §3843; Code 1923, §7457; Code 1940, T. 7, §942.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-286 - Proceedings Upon Defendant's Suggestion of Adverse Possession.

Section 6-6-286
Proceedings upon defendant's suggestion of adverse possession.
(a) When an action is commenced to recover land or the possession thereof, the defendant may, at any time before the trial, suggest upon the record that he, and those whose possession he has, have, for three years next before the commencement of the action, had adverse possession thereof, which must be construed to mean the same character of possession as will put in operation the statute of limitations. In such case, if the jury finds for the plaintiff, it must also ascertain by its verdict whether such suggestion is true or false. If the jury finds it to be false, it must return a verdict for the damages as in ordinary cases. If the jury finds it to be true, it must assess the value, at the time of trial, of the permanent improvements made by the defendant, or those whose estate he has, and also ascertain by its verdict the value of the lands and of the use and occupation thereof, not including the increased value by reason of such improvements.
(b) If the value of the use and occupation as assessed exceeds the value of the permanent improvements made, judgment must be entered against the defendant for the excess. If the value of the improvements exceeds the value of the use and occupation, no writ of possession shall issue for one year after the entry of the judgment unless the plaintiff or his legal representative pays the defendant, or deposits with the clerk for him, the excess of the assessed value of the improvements over the value of the use and occupation. If the plaintiff or his legal representative neglects for the term of one year to pay such excess, and the defendant or his legal representative within three months after the expiration of the year pays to the plaintiff, or to the clerk for him, the value of the land and of the use and occupation thereof as assessed by the jury, the plaintiff is forever barred from his writ of possession and from commencing any action whatever against the defendant, his heirs or assigns to recover such land or the possession thereof.
(Code 1852, §§2201-2204; Code 1867, §§2602-2605; Code 1876, §§2951-2954; Code 1886, §§2702-2705; Code 1896, §§1536-1539; Code 1907, §§3846-3849; Code 1923, §§7460-7463; Code 1940, T. 7, §§945-948.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-287 - Joinder of Landlord as Party Defendant; Continuation of Action Against Tenant.

Section 6-6-287
Joinder of landlord as party defendant; continuation of action against tenant.
(a) When the land, the subject matter of the action, is in the possession of a tenant, the landlord may be joined with the tenant as a party defendant.
(b) When the action is against a tenant, the landlord must be made a party to the action on motion of the tenant, or upon the landlord's motion to intervene supported by his pleading showing, as a part thereof, that the defendant is his tenant by demise in writing or is in the occupancy of the land sued for with his consent, or of some portion thereof, which should be specified. When it appears to the satisfaction of the court that the landlord is a nonresident, the action shall proceed without delay against the tenant.
(Code 1852, §2205; Code 1867, §2606; Code 1876, §2955; Code 1886, §2700; Code 1896, §1534; Code 1907, §§3840, 3844; Code 1923, §§7454, 7458; Code 1940, T. 7, §§939, 943.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-288 - Liability - Tenant in Possession.

Section 6-6-288
Liability - Tenant in possession.
A tenant in possession, asserting his right thereto under a lease or license from another, is not liable beyond the rent in arrears at the commencement of the action and that which may accrue during the continuance of his possession.
(Code 1852, §2215; Code 1867, §2616; Code 1876, §2965; Code 1886, §2701; Code 1896, §1535; Code 1907, §3845; Code 1923, §7459; Code 1940, T. 7, §944.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-289 - Liability - Person Holding Possession Under Color of Title.

Section 6-6-289
Liability - Person holding possession under color of title.
Persons holding possession under color of title, in good faith, are not responsible for damages or rent for more than one year before the commencement of the action.
(Code 1852, §2216; Code 1867, §2617; Code 1876, §2966; Code 1886, §2706; Code 1896, §1540; Code 1907, §3850; Code 1923, §7464; Code 1940, T. 7, §949.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-290 - Effect of Judgment by Default.

Section 6-6-290
Effect of judgment by default.
A judgment by default against a defendant is an admission of title in the plaintiff, but to recover costs against the defendant, the plaintiff must prove defendant's possession of the premises, or some part thereof, at the commencement of the action.
(Code 1852, §2218; Code 1867, §2619; Code 1876, §2968; Code 1886, §2708; Code 1896, §1548; Code 1907, §3852; Code 1923, §7466; Code 1940, T. 7, §951.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-291 - What Verdict for Plaintiff to Specify.

Section 6-6-291
What verdict for plaintiff to specify.
If the verdict is for the plaintiff, it must specify whether it is for the whole or a part only of the premises and, if for a part, must describe such part, and judgment must be entered accordingly.
(Code 1852, §2217; Code 1867, §2618; Code 1876, §2967; Code 1886, §2709; Code 1896, §1549; Code 1907, §3853; Code 1923, §7467; Code 1940, T. 7, §952.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-292 - Judgment - Damages Only.

Section 6-6-292
Judgment - Damages only.
If the interest or title of the plaintiff expired before the time in which he could be put in possession, he may obtain a judgment for damages only.
(Code 1923, §7469; Code 1940, T. 7, §954.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-293 - Judgment - Rent of Premises After Judgment and Before Possession.

Section 6-6-293
Judgment - Rent of premises after judgment and before possession.
The plaintiff may have judgment against the defendant for the rent of the premises which accrues after judgment and before the delivery of possession by motion in the circuit court where the judgment was entered, on 10 days' notice in writing, unless the judgment is stayed by appeal and bond, in which case the motion may be made after affirmance of the judgment.
(Code 1852, §2208; Code 1867, §2609; Code 1876, §2958; Code 1886, §2711; Code 1896, §1551; Code 1907, §3855; Code 1923, §7471; Code 1940, T. 7, §956.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-294 - Retention of Possession for One Year by Defendant if Crop Planted or Growing Upon Filing Bond; Force and Effect of Bond.

Section 6-6-294
Retention of possession for one year by defendant if crop planted or growing upon filing bond; force and effect of bond.
(a) If the defendant has a crop planted or growing on the premises and the court or jury finds for the plaintiff, they must also ascertain the rental value of the premises during the current year, and no writ of possession can be issued until the expiration of the year if the defendant executes a bond in double the amount of such rent payable to the plaintiff, with surety approved by the clerk, conditioned to pay the rent so assessed at the expiration of the year.
(b) The bond must be filed in the office of the clerk and, if the rent is not paid at the expiration of the year, has the force and effect of a judgment; and thereon, execution for the amount of the rent must issue against all the obligors or such of them as may be living.
(Code 1852, §§2199, 2200; Code 1867, §§2600, 2601; Code 1876, §§2949, 2950; Code 1886, §§2712, 2713; Code 1896, §§1552, 1553; Code 1907, §§3856, 3857; Code 1923, §§7472, 7473; Code 1940, T. 7, §§957, 958.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-295 - Damages - When Assessed in Severalty.

Section 6-6-295
Damages - When assessed in severalty.
When there are more defendants than one, the jury may assess the damages arising from the detention of the land and the injury and waste thereto, in severalty against each defendant for distinct damages.
(Code 1852, §2214; Code 1867, §2615; Code 1876, §2964; Code 1886, §2710; Code 1896, §1550; Code 1907, §3854; Code 1923, §7468; Code 1940, T. 7, §953.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-296 - Damages - Exemplary or Punitive.

Section 6-6-296
Damages - Exemplary or punitive.
In case of wanton aggression or wanton entry on the part of the defendant, the jury may award exemplary or punitive damages.
(Code 1923, §7470; Code 1940, T. 7, §955.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-297 - Issuance of Writs Before Judgment Satisfied.

Section 6-6-297
Issuance of writs before judgment satisfied.
The issuance of any one or more of the writs of process for the enforcement of judgments in ejectment shall not bar or prevent issuance of other or appropriate writs to enforce such judgments until there has been a satisfaction of the judgment.
(Code 1940, T. 7, §961.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 7 - Ejectment. › Section 6-6-298 - Two Judgments in Defendant's Favor Bar Further Action.

Section 6-6-298
Two judgments in defendant's favor bar further action.
Two judgments in favor of the defendant in an action of ejectment or in an action in the nature of an action of ejectment between the same parties in which the same title is put in issue are a bar to any action for the recovery of the land, or any part thereof, between the same parties or their privies founded on the same title.
(Code 1852, §2219; Code 1867, §2620; Code 1876, §2969; Code 1886, §2714; Code 1896, §1554; Code 1907, §3858; Code 1923, §7474; Code 1940, T. 7, §959.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 1 - General Provisions. › Section 6-6-310 - Definitions.

Section 6-6-310
Definitions.
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:
(1) FORCIBLE ENTRY AND DETAINER. Where one by force or strong hand, or by exciting fear or terror, enters upon and detains lands or tenements in the possession of another, as by breaking open doors, windows or any other part of a house, whether any person is within or not, by threats of violence to the party in possession, or by words or actions that have a tendency to excite fear or apprehension of danger, by putting out of doors or removing the goods or chattels of the party in possession, or by entering peaceably and then by unlawful refusal, or by force or threats, turning, or keeping the party out of possession.
(2) UNLAWFUL DETAINER. Where one who has lawfully entered into possession of lands as tenant fails or refuses, after the termination of the possessory interest of the tenant, to deliver possession of the premises to anyone lawfully entitled or his or her agent or attorney.
(Code 1852, §§2851, 2852; Code 1867, §§3299, 3300; Code 1876, §§3696, 3697; Code 1886, §§3380, 3381; Code 1896, §§2126, 2127; Code 1907, §§4262, 4263; Code 1923, §§8000, 8001; Code 1940, T. 7, §§966, 967; Acts 1996, No. 96-573, p. 880, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 1 - General Provisions. › Section 6-6-311 - To What Estates Applicable.

Section 6-6-311
To what estates applicable.
Forcible entry and detainer and unlawful detainer extend to, and comprehend, terms for years and all estates, whether freehold or less than freehold.
(Code 1852, §2853; Code 1867, §3301; Code 1876, §3698; Code 1886, §3382; Code 1896, §2128; Code 1907, §4264; Code 1923, §8002; Code 1940, T. 7, §968.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 1 - General Provisions. › Section 6-6-312 - Commencement of Action Where Property Held Jointly.

Section 6-6-312
Commencement of action where property held jointly.
Where title or possession of the premises is held by several persons jointly, as by tenants in common, coparceners, partners, or other joint occupancy or title, they are seized for themselves and for each other; all are equally entitled to possession; and, conversely, the possession of any one is the possession of all; and any joint tenant may commence an action of forcible entry and detainer against a stranger and recover the entire possession, which inures to the benefit of all.
(Code 1923, §8027; Code 1940, T. 7, §990.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 1 - General Provisions. › Section 6-6-313 - Effect of Temporary Absence.

Section 6-6-313
Effect of temporary absence.
A temporary absence from the premises does not constitute a loss of the actual possession nor prevent the commencement of forcible entry and detainer against one who forcibly enters or detains the premises, and one who enters during such temporary absence does not acquire the legal possession such as permits him to commence the action if the rightful possessor rejects him immediately on discovery of his presence on the premises.
(Code 1923, §8028; Code 1940, T. 7, §991.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 1 - General Provisions. › Section 6-6-314 - Liability of Lessee Holding Over; How Such Recovered.

Section 6-6-314
Liability of lessee holding over; how such recovered.
Any person who, having entered into the possession of lands and tenements under a contract of lease, forcibly or unlawfully retains the possession thereof after the expiration of his term or refuses to surrender the same on the written demand of the lessor, his agent, or attorney or legal representative, is liable for double the amount of the annual rent agreed to be paid under such contract and for such other special damages as may be thereby sustained by the party thus unlawfully kept out of possession, to be recovered as now provided by law in actions of unlawful detainer or by a civil action for damages.
(Code 1867, §3312; Code 1876, §3709; Code 1886, §3391; Code 1896, §2137; Code 1907, §4273; Code 1923, §8014; Code 1940, T. 7, §977.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 1 - General Provisions. › Section 6-6-315 - Uninterrupted Occupation for Three Years Bars Action.

Section 6-6-315
Uninterrupted occupation for three years bars action.
The uninterrupted occupation of the premises in controversy by the defendant for the space of three entire years preceding the filing of the complaint is, if the estate of the defendant is not determined, a bar to any proceeding under this article.
(Code 1852, §2860; Code 1867, §3308; Code 1876, §3705; Code 1886, §3390; Code 1896, §2136; Code 1907, §4272; Code 1923, §8013; Code 1940, T. 7, §976.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 1 - General Provisions. › Section 6-6-316 - Action of Trespass, etc., Not Precluded.

Section 6-6-316
Action of trespass, etc., not precluded.
No proceedings had under this article or judgment entered bars or prevents the party injured from prosecuting an action of trespass or other action against the aggressor or party offending.
(Code 1852, §2863; Code 1867, §3311; Code 1876, §3708; Code 1886, §3392; Code 1896, §2138; Code 1907, §4274; Code 1923, §8015; Code 1940, T. 7, §978.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 8 - Forcible Entry and Unlawful Detainer. › Division 1 - General Provisions. › Section 6-6-317 - Notice or Demand.

Section 6-6-317
Notice or demand.
Forcible entry being in its nature adverse and unlawful, no demand need be made or notice given except such as is required in the Code to support an action or proceeding based on an entry with actual force.
(Code 1923, §8029; Code 1940, T. 7, §992.)