§ 35-11-251 — Enforcement of Lien

Alabama § 35-11-251

• Jurisdiction: Alabama
• Title 35: Property
• Ch. 11: Liens
• Art. 5: Liens of Particular Persons or Classes of Persons
• Div. 9: Sawmill Owners or Operators

Text

(a) If the charges, when due, are not paid within 10 days after demand therefor, the owner of such sawmill is authorized, if he has retained possession of the lumber subject to the lien, on giving 10 days’ notice of the time and place of such sale by advertisement in some newspaper published in the county in which the sawmill is located, once a week for two successive weeks, or, if there be no such newspaper, by posting notice in two or more public places in the county, to sell the said lumber, or so much thereof as may be necessary, to the highest bidder, for the payment of the expense of such sale and the charges for such sawing, and the residue, if any there be, he shall pay over to the owner of such lumber.
(b) If the lumber subject to the lien declared in this division shall have been removed without the knowledge and consent of the owner or operator of such sawmill without paying the charges for such sawing, the owner or operator may have process of attachment from any court having jurisdiction of the amount claimed, leviable on the lumber sawed.

Legislative History

(Code 1923, §§8920, 8921; Code 1940, T. 33, §§67, 68.)