Title 6 — Title 6

False imprisonment consists in the unlawful detention of the person of another for any length of time whereby he is deprived of his personal liberty. History: (Code 1907, §4238; Code 1923, §7967; Code 1940, T. 7, §962.)

Every accusation of false swearing presumptively imports a charge of perjury, and every accusation importing the commission of a crime punishable by indictment must be held presumptively to mean what the language used ordinarily imports. History: (Code 1852, §2224; Code 1867, §26…

Any words written, spoken, or printed of any woman falsely imputing to her a want of chastity are actionable without proof of special damages. History: (Code 1852, §2220; Code 1867, §2622; Code 1876, §2971; Code 1886, §2727; Code 1896, §1440; Code 1907, §3748; Code 1923, §7359; C…

In an action for libel or slander, the plaintiff must prove, unless it shall be admitted by the defendant, the facts showing that the alleged defamatory matter was published or spoken of the plaintiff. History: (Code 1923, §7357; Code 1940, T. 7, §910.)

Circumstances. In all actions of slander or libel, the truth of the words spoken or written or the circumstances under which they were spoken or written may be given in evidence under a general denial in mitigation of the damages. History: (Code 1852, §2226; Code 1867, §2628; Cod…

The defendant in an action of slander or libel may prove under a general denial in mitigation of damages that the charge was made in good faith by mistake or through inadvertence or misapprehension, and that he has retracted the charge in the same medium of publication as the cha…

Recoverable. In an action of slander or libel, if a retraction as provided in Section 6-5-184 shall be published in such medium within 10 days of the date of the publication, then the plaintiff in such case shall recover only actual damages. History: (Code 1907, §3751; Code 1923,…

for Libel. Vindictive or punitive damages shall not be recovered in any action for libel on account of any publication unless (1) it shall be proved that the publication was made by the defendant with knowledge that the matter published was false, or with reckless disregard of wh…

In civil actions for the publication of papers investigating the official conduct of officers or persons in public capacity or when the matter published is proper for public information, the truth thereof may be given in evidence. History: (Code 1852, §2225; Code 1867, §2627; Cod…

If the defendant, after or before an action is commenced, makes the retraction recited in Sections 6-5-184 through 6-5-186 and also tenders to the plaintiff a compensation in money, bringing the same into court, the plaintiff can recover no costs if the jury believes and finds th…

The receipt of money tendered before an action is commenced is a bar to the action and, if after an action is commenced, such releases the defendant from all damages and costs, except the costs which accrued before the tender and receipt of the money. History: (Code 1852, §2223; …

The Governor may, whenever the interests of the state may require, order and direct actions to be commenced in the name of the state in any foreign jurisdiction for the recovery of any moneys due or owing to the state or upon any claim or demand on which the state is entitled to …

(a) An action must not be commenced against a county until the claim has been presented to the county commission, disallowed or reduced by the commission and the reduction refused by the claimant. (b) The failure or refusal of such a county commission to enter upon its minutes th…

Defended or Prosecuted; Construction of Section. (a) Adverse possession cannot confer or defeat title to land unless: (1) The party setting it up shall show that a deed or other color of title purporting to convey title to him has been duly recorded in the office of the judge of …

The owner of realty having title downwards and upwards indefinitely, any unlawful interference with his rights, below or above the surface alike, gives him a right of action. History: (Code 1907, §2457; Code 1923, §5663; Code 1940, T. 7, §87.)

The owner of any estate in lands may commence an action for libelous or slanderous words falsely and maliciously impugning his title. History: (Code 1907, §2459; Code 1923, §5665; Code 1940, T. 7, §89.)

The bare right of possession to lands authorizes their recovery by the owner of such right and also damages for the withholding of the right. History: (Code 1907, §2453; Code 1923, §5659; Code 1940, T. 7, §83.)

The bare possession of land authorizes the possessor to recover damages from any person who wrongfully, in any manner, interferes with such possession. History: (Code 1907, §2454; Code 1923, §5660; Code 1940, T. 7, §84.)

The person having title to lands, if no one is in actual possession under the same title with him, may commence an action for trespass thereon; and if a tenant is in possession and the trespass is such as injures the freehold, the owner, a remainderman, or reversioner may maintai…

Where two persons claim to have actual possession of the same land, he is deemed in possession who has the legal title, and the other is a trespasser. History: (Code 1907, §2456; Code 1923, §5662; Code 1940, T. 7, §86.)

The unlawful interference with the right-of-way, or of common, is a trespass to the party entitled thereto. History: (Code 1907, §2458; Code 1923, §5664; Code 1940, T. 7, §88.)

Damages for continuous trespass are limited to those which have occurred before and up to the trial. Subsequent damages flowing from a continuance of the trespass give a new cause of action. History: (Code 1907, §2460; Code 1923, §5666; Code 1940, T. 7, §90.)

to Real Property. (a) No action in tort, contract, or otherwise shall be commenced against any person performing or furnishing the design, planning, supervision, or observation of construction or the construction of an improvement to real property more than seven years after the …

As used in this article, the following words and phrases used herein shall have the following meaning ascribed to them: (a) BUILDER. Any individual, partnership, firm, or corporation that constructed, or performed or managed the construction of, an improvement, or any portion the…

(a) All civil actions in tort, contract, or otherwise against any architect or engineer performing or furnishing the design, planning, specifications, testing, supervision, administration, or observation of any construction of any improvement on or to real property, or against bu…

Section 6-5-221 shall be subject to all existing provisions of law relating to the computation of statutory periods of limitation for the commencement of actions, set forth in Sections 6-2-1, 6-2-2, 6-2-3, 6-2-5, 6-2-6, 6-2-8, 6-2-9, 6-2-10, 6-2-13, 6-2- 15, 6-2-16, 6-2-17, 6-2-3…

This article shall not apply to civil causes of action in tort, contract, or otherwise, which accrued or arose prior to February 25, 1994. Where construction was completed but no civil cause of action accrued prior to February 25, 1994, this article shall apply to the constructio…

This article shall not be construed to create any cause of action against, or impose any liability on, or revive any cause of action barred under existing law against any architects, engineers, or builders, or any licensed real estate brokers or salesmen, or any other persons. Hi…

Builders. (a) It is the purpose and intent of the Legislature in connection with all actions against architects and engineers, who perform or furnish the design, planning, specifications, testing, supervision, administration, or observation of the construction of an improvement o…

Nothing contained in this article shall be construed to abrogate any cause of action for products liability, or for breach of warranty, or for violation of the Alabama Extended Manufacturer’s Liability Doctrine, or bar any cause of action or right of action against any party othe…

Indemnity Against Architects, Engineers, and Builders. Nothing contained in this article shall be construed to bar, prior to the expiration of a written express warranty, contract, or indemnity, causes of action or rights of action in contract against architects, engineers, and b…

Persons Other Than Architects, Engineers, or Builders. Nothing contained in this article shall be construed as affecting any period of limitation for any cause of action arising out of or relating to the sale or disposition of real estate, or against any person other than archite…

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…

(a) Where real estate, or any interest therein, is sold, it may be redeemed by: (1) Any debtor, including any surety or guarantor. (2) Any mortgagor, even if the mortgagor is not personally liable for payment of a debt. (3) Any junior mortgagee, or its transferee. (4) Judgment cr…

(a) The amendments to Sections 6-5-248, 6-5-252, and 8-1-172, by Act 2015-79 are prospective and shall not apply to the following: (1) Sales made under a power of sale contained in any mortgage or junior mortgage dated prior to January 1, 2016. (2) Sales made pursuant to a statut…

(a) The rights of redemption secured by this article may be asserted, within the time limit provided, by (1) the executor or administrator of any debtor or by the debtor’s heirs or devisees; (2) the executor or administrator of any mortgagor or by the mortgagor’s heirs or devisee…

The statutory rights of redemption given or conferred by this article are mere personal privileges and not property or property rights. The privileges must be exercised in the mode and manner prescribed by statute and may not be waived in a deed of trust, judgment, or mortgage, o…

(a) The possession of the land must be delivered to the purchaser or purchaser’s transferees by the debtor or mortgagor if in their possession or in the possession of anyone holding under them by privity of title, within 10 days after written demand for the possession has been ma…

to Redeem. Anyone desiring and entitled to redeem may make written demand of the purchaser or his or her transferees for a statement in writing of the debt and all lawful charges claimed by him or her, and the purchaser or their transferees shall, within 10 days after the written…

Interest. (a) Anyone entitled and desiring to redeem real estate under the provisions of this article must also pay or tender to the purchaser or his or her transferee the purchase price paid at the sale, with interest at the rate allowed to be charged on money judgments as set f…

Improvements Ascertained. (a) Any person offering to redeem must pay to the then holder of the legal title the value of all permanent improvements made on the land since the sale, and if the holder of the legal title cannot be ascertained, payment may be made to the circuit court…

If the purchaser or his or her vendee or transferee fails or refuses to reconvey to such party entitled and desiring to redeem such title as the party acquired by the sale and purchase, such party so paying or tendering payment shall thereupon have the right to file in the circui…

When Complaint Filed. Upon the filing of any complaint as provided in these sections and paying into court the amount of purchase money and the interest necessary for redemption and all lawful charges, if the written statement thereof has been furnished or, if not furnished, offe…

This article applies only to mortgages foreclosed after January 1, 1989. History: (Acts 1988, No. 88-441, p. 647, §11.)

The owner of personalty is entitled to possession thereof. Any unlawful deprivation of or interference with such possession is a tort for which an action lies. History: (Code 1907, §2461; Code 1923, §5667; Code 1940, T. 7, §91.)

Mere possession of a chattel, if without title or wrongfully, will give a right of action for any interference therewith, except as against the true owner or the person wrongfully deprived of possession. History: (Code 1907, §2462; Code 1923, §5668; Code 1940, T. 7, §92.)

Any abuse of or damage done to the personal property of another unlawfully is a trespass for which damages may be recovered. History: (Code 1907, §2463; Code 1923, §5669; Code 1940, T. 7, §93.)

In case of bailments where the possession is in the bailee, a trespass committed during the existence of the bailment will give a right of action to the bailee for the interference with his special property and a concurrent right of action to the bailor for the interference with …

A remainderman or reversioner of personalty may commence an action against a wrongdoer for any injury going to destroy the existence or ultimate value of the property. In such cases, the tenant in possession and remainderman or reversioner may sue jointly for the injury to the en…

The Legislature finds that shoplifting and employee theft have reached near epidemic proportions and that efforts to control these criminal offenses through traditional methods have proven unsuccessful and costly to both the general public and to business. The existing criminal j…