§ 35-6-40 Property subject to partition; by whom application made
§ 35-6-41 Partition of land lying partly in different counties
§ 35-6-42 Contents of application
§ 35-6-43 Time and place of hearing; notice; guardians ad litem; nonresidents as parties
§ 35-6-44 Proceedings against unknown persons and certain other parties defendant
§ 35-6-45 Decree for partition; appointment of commissioners; minors’ interests considered
§ 35-6-46 Oath of commissioners; duties generally
§ 35-6-47 Notice of partition
§ 35-6-48 Determination and statement by commissioners
§ 35-6-49 Filing and recordation of application, etc.; record as evidence
§ 35-6-50 Partition vests title; annulment by circuit court
§ 35-6-51 Effect of partition on liens
§ 35-6-52 Completion of partition by substitute commissioner
§ 35-6-53 Fees of commissioners
§ 35-6-54 Costs and expenses
§ 35-6-55 Partition not made when adverse claim or title asserted
§ 35-6-56 Remedy not exclusive
§ 35-6-57 Sale instead of partition – When sale ordered
§ 35-6-58 Sale instead of partition – Property subject to sale; by whom application made; where sale held; record of decrees
§ 35-6-59 Sale instead of partition – Time for hearing
§ 35-6-60 Sale instead of partition – Notice of hearing; guardians ad litem; nonresidents as parties
§ 35-6-61 Sale instead of partition – Evidence
§ 35-6-62 Sale instead of partition – Decree and orders; appointment of commissioner; conduct of sale
§ 35-6-63 Sale instead of partition – Payment and distribution of purchase money
§ 35-6-64 Sale instead of partition – Completion of sale by substitute commissioner
§ 35-6-65 Article applicable to executors or administrators of deceased parties
§ 35-6-66 Article not applicable to partition of crops
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Terms Used In Alabama Code > Title 35 > Chapter 6 > Article 3 - Partition in Probate Court

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Probate: Proving a will
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • writing: includes typewriting and printing on paper. See Alabama Code 1-1-1