Title 6 — Title 6

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 reco…

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…

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 m…

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 suggest…

(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…

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 upo…

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. History: (Code 1852, §2215; Code 1867, §2616; …

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. History: (Code 1852, §2216; Code 1867, §2617; Code 1876, §2966; Code 1886, §2706; Code 1896, §1540; Code 1907, §38…

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. History: (Code 1852, §2218; C…

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. History: (Code 1852, §2217; Code 1867, §2618; Code 1876, §2967; Code 1886, §2709;…

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. History: (Code 1923, §7469; Code 1940, T. 7, §954.)

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 app…

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 b…

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. History: (Code 1852, §2214; Code 1867, §2615; Code 1876, §2964; Code 1886, §…

In case of wanton aggression or wanton entry on the part of the defendant, the jury may award exemplary or punitive damages. History: (Code 1923, §7470; Code 1940, T. 7, §955.)

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. History: (Code 1940, T. 7, §961.)

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 p…

with List of Witnesses. The parties must concisely state in writing, signed by them, the matter in dispute between them and that they desire to leave the determination thereof to certain persons, naming them as arbitrators; and such submission must be delivered to the arbitrators…

The provisions of this article are applicable to all private corporations, and all affidavits or answers required to be made under any of its provisions may be made by the president, cashier, secretary, or any other duly authorized agent of such corporations; and such corporation…

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 posses…

Forcible entry and detainer and unlawful detainer extend to, and comprehend, terms for years and all estates, whether freehold or less than freehold. History: (Code 1852, §2853; Code 1867, §3301; Code 1876, §3698; Code 1886, §3382; Code 1896, §2128; Code 1907, §4264; Code 1923, §…

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 possess…

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 leg…

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…

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. History: (Code 1852, §2860; Cod…

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. History: (Code 1852, §2863; Code 1867, §3311; Code 1876, §3708; Code 1886, §3392; Code 189…

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. History: (Code 1923, §8029; Code 1940, T. 7, §992.)

Courts having jurisdiction under this article must be held open at all times for the consideration and determination of questions arising under this article, and judgments had thereon without delay. History: (Code 1867, §3298; Code 1876, §3695; Code 1886, §3379; Code 1896, §2125;…

The following or similar forms may be used when appropriate in forcible entry and unlawful detainer proceedings; but they are not exclusive of other appropriate forms: Judgment. A. B. v. C. D. Came the parties on the ______ day of _____, and upon evidence I find the said C. D. gu…

The forcible entry upon and detainer, or the unlawful detainer, of lands, tenements and hereditaments is cognizable before the district court of the county in which the offense is committed. History: (Code 1852, §2850; Code 1867, §3297; Code 1876, §3694; Code 1886, §3378; Code 18…

The complaints provided for in this article must be filed with, and be tried by, the district court for the county in which the lands or tenements are situated. History: (Code 1852, §2868; Code 1867, §3317; Code 1876, §3714; Code 1886, §3385; Code 1896, §2131; Code 1907, §4267; C…

(a) Upon complaint being made, the district judge shall issue a notice to the party against whom the complaint is made to the following effect: The State of Alabama, ________ County. To ________ You are hereby commanded to be and appear before me, at _____ on the _____ day of ___…

Any sheriff or constable neglecting or refusing to execute any process placed in his hands by a district court judge by virtue of the authority conferred by this article, forfeits to the party aggrieved $200, to be recovered by action in the circuit court. History: (Code 1852, §2…

(a) Any witness, duly subpoenaed and failing to attend or refusing to testify may be fined by the district court judge not exceeding $100, for the use of the county, for which he may issue execution directed to the constable. (b) The judgment specified in subsection (a) of this s…

If the parties appear, an issue must be made between them upon the complaint, but if the defendant, having been duly cited, does not appear or, appearing, declines to plead, the case proceeds as if the defendant had denied the allegations of the complaint; or, for good cause, the…

The estate or merits of the title cannot be inquired into on the trial of any complaint filed under this article, but all legal and equitable defenses may be had against a recovery for damages or for the unlawful detention of the land. History: (Code 1852, §2859; Code 1867, §3307…

(a) If the judge determines in favor of the plaintiff, he must record the decision and enter judgment with costs, upon which he must issue a writ of execution commanding the sheriff or the constable to restore the plaintiff to possession or place him in possession of his lands an…

Any party may appeal from a judgment entered against him or her by a district court to the circuit court at any time within seven days after the entry thereof, and appeal and the proceedings thereon shall in all respects, except as provided in this article, be governed by this co…

by Defendant. (a) Notwithstanding any other provisions of law or of the Alabama Rules of Civil Procedure, in cases of forcible entry or unlawful detainer, an appeal to circuit court or to appellate court does not prevent the issue of a writ of restitution or possession unless the…

In the event that the plaintiff is placed in possession under a writ of restitution or possession, and on appeal the judgment is reversed and one entered for the defendant or the proceeding on appeal is quashed or dismissed, the circuit court may award a writ of restitution or po…

In cases of forcible entry or unlawful detainer, the judgment, if against the appellant, must be entered in the circuit court against him and the sureties on the appeal or certiorari bond, including the costs in the inferior and circuit courts, and if the appeal or certiorari was…

A “garnishment,” as employed in this article, is process to reach and subject money or effects of a defendant in attachment, in a judgment or in a pending action commenced in the ordinary form in the possession or under the control of a third person, or debts owing such defendant…

The provisions of Section 6-6-143 are applicable to garnishments. History: (Code 1896, §2186; Code 1907, §4315; Code 1923, §8066; Code 1940, T. 7, §1010.)

The plaintiff in any pending action for the recovery of money or the plaintiff or assignee in any judgment on which execution can issue may obtain process of garnishment as defined in Section 6-6-370; provided, that no garnishment shall issue prior to a final judgment, pursuant t…

To obtain such writ of garnishment, the plaintiff, his agent or attorney must make, before an officer authorized to administer oaths, and file, with the clerk of the court in which the action is pending or the judgment was entered, an affidavit stating the amount due from the def…

as to Superintendent of Banks. When the garnishment is in aid of a pending action, the plaintiff, his agent or attorney must also give bond in double the amount claimed in the action, with sufficient surety, to be approved by the officer issuing the writ, with condition that the …

Upon the filing of the affidavit or the affidavit and bond, as the case may be, the officer filing the same must issue process of garnishment and a copy thereof for each garnishee, to be served by the proper officer, requiring the garnishee to appear within 30 days and file an an…

When the defendant resides within the state and the garnishment is issued on a judgment or in a pending action in which an appearance has not been entered for the defendant, the officer issuing the garnishment must issue notice thereof to the defendant, which notice must be serve…

(a) Should service of notice of a garnishment on a judgment in which an appearance has not been entered for the defendant be returned not found or otherwise not accomplished, service of the notice of garnishment may be perfected by the posting and mailing of the notice upon motio…

If the garnishee dies after he has been summoned as garnishee and pending the litigation, the proceedings may be revived against his legal representatives. Such proceedings may also be revived against the legal representatives of a contestant who dies, after notice to appear and …