Title 6 — Title 6

In actions for partition of lands, either by metes and bounds or by sale for division when the same cannot be equitably partitioned among the owners, if the defendant denies the title of the plaintiff or asserts an adverse claim or title in himself, the circuit court need not dis…

An answer of tender of money or of a thing in action must be accompanied by a delivery of the money or such thing in action to the clerk of the court. If the tender is of ponderous articles or other personal property, the answer must aver a readiness to deliver it to the plaintif…

of Same Defenses on Appeal. A party may raise the defenses of (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, and (5) insufficiency of service of process and, losing thereon, proceed to …

If any of the original pleadings, motions, or other papers shall be lost, destroyed, or withheld by any person, the court may order a copy to be filed in the place of the missing original. History: (Code 1852, §2268; Code 1867, §2672; Code 1876, §3022; Code 1886, §2734; Code 1896…

The court may, at its discretion, at any time before the conclusion of the argument, when it appears to be necessary to the due administration of justice, allow a party to supply an omission in the testimony on such terms and under such limitations as the court may prescribe. His…

No more than two new trials can be granted the same party in any cause of action. History: (Code 1852, §2267; Code 1867, §2671; Code 1876, §3021; Code 1886, §2738; Code 1896, ,§3314; Code 1907, §5354; Code 1923, §9519; Code 1940, T. 7, §277.)

Nonrepresented Foreigners. Whenever upon the settlement of an estate or upon the sale of lands for division in any court of this state it is shown that any of the heirs, distributees, or other persons entitled to share in the funds derived therefrom, whether adults or minors, are…

Prospective Purchasers; Costs of Abstract. (a) Whenever any court shall order the sale of any real estate or interest therein, the court shall have power to have an abstract of the title of the property to be sold to be made by some competent person or company, which said abstrac…

Judges. (a) Required. The judges of the several courts of probate must subscribe for, take and file in their respective offices one copy of each weekly newspaper published in their respective counties and, as soon as practicable after the end of each year, shall cause the number …

All public sales shall be made between the hours of 11:00 A.M. and 4:00 P.M., but in the event such sale is not completed by 4:00 P.M., the same may continue until 5:00 P.M. History: (Code 1923, §9267; Code 1940, T. 7, §723.)

Requirements. (a) The party in interest or at whose instance the publication of notice is to be given by advertisement in a newspaper may designate the newspaper in which such advertisement shall be made. If the officer charged with the duty of making the advertisement disregards…

If the length of the publication is not otherwise prescribed, it must be for three successive weeks; provided, that the provisions of this section shall not apply to any sale held under the provisions of Section 7-9A-610. History: (Code 1876, §3972; Code 1886, §664; Code 1896, §3…

(a) When the notice is required to be given for a specified number of weeks, it must be given by consecutive weekly insertions for the number of weeks so specified. When the notice is of a proceeding to be had or of an act to be done on a specified day: (1) If the publication is …

Publication Made or Completed. If publication is commenced or is directed in a particular paper and before it is made or completed there is a suspension or discontinuance of the publishing of such paper, then the publication may be made or completed in some other newspaper publis…

Section. (a) The rate charged for publication of a public notice shall not exceed the lowest classified rate paid by or published on a rate card for commercial customers for an advertisement of similar size, and frequency in the same newspapers in which the public notice appears.…

Officer and Publisher, Etc., and That Sum Charged Is Lowest. All agreements between any officer charged with the duty of advertising legal notices in a newspaper and the printer, publisher, or manager of such paper whereby any advantage, gain, or profit is to accrue to such offic…

Furnished to Parties. The publisher or manager of the newspaper must send to the officer or person making the advertisement a copy of each issue of the paper containing it, and a copy of such paper must be sent by mail to the person to whom the notice is directed, if his post off…

The newspapers containing the advertisement shall be received as evidence of the fact of publication. History: (Code 1886, §672; Code 1896, §3051; Code 1907, §5192; Code 1923, §9270; Code 1940, T. 7, §726.)

In all cases where notice is required by law to be given to executors, administrators, and guardians in the probate court, if affidavit shall be made that such executor, administrator, or guardian has been absent from the state for more than three months last passed, such notice …

Whenever it becomes necessary to postpone any sale that has been advertised to occur on a certain day, the same may be postponed by the auctioneer or attorney announcing, at the time set for sale, the date to which said sale is postponed; and the original notice shall be publishe…

Judgments may be set off against each other by a district or circuit court on motion. History: (Code 1852, §2242; Code 1867, §2644; Code 1876, §2993; Code 1886, §2680; Code 1896, §3730; Code 1907, §5861; Code 1923, §10175; Code 1940, T. 7, §353.)

A comaker or surety against whom an action is commenced jointly or alone may, with the consent of his comaker or principal, counterclaim a debt or liquidated demand due from the plaintiff at the commencement of the action to such comaker or principal. History: (Code 1852, §2243; …

The wages or hire of any head of a family in this state, not having property liable to levy and sale under execution, cannot be defeated or abated by any counterclaim of a money demand acquired by the person contracting to pay such wages by assignment or transfer, unless the part…

Paper governed by the commercial law, negotiated before maturity, is not subject to counterclaim. History: (Code 1852, §2244; Code 1867, §2646; Code 1876, §2995; Code 1886, §2684; Code 1896, §3733; Code 1907, §5864; Code 1923, §10178; Code 1940, T. 7, §356.)

When the defendant pleads a counterclaim to the plaintiff’s demand, to which the plaintiff replies the statute of limitations, the defendant is nevertheless entitled to his counterclaim, where it was a legal subsisting claim at the time the right of action accrued to the plaintif…

If the debt or demand permissively counterclaimed exceeds the amount of the plaintiff’s demand, the amount of such excess being found by the jury or court trying the same, judgment must be entered against the plaintiff for costs and in favor of the defendant for such excess, and …

On a compulsory counterclaim, if the claim or demand of the defendant equals the claim or demand of the plaintiff, judgment must be entered for the defendant; if the claim or demand of the defendant exceeds the claim or demand of the plaintiff and the plaintiff is the party liabl…