Alabama § 43-2-751 Action by Creditor to Recover Dividend

Alabama Statutes

§ 43-2-751 — Action by Creditor to Recover Dividend

Alabama § 43-2-751

JurisdictionAlabama

Title 43Wills and Decedents’ Estates

Ch. 2Administration of Estates

Art. 19Insolvent Estates

Div. 3Filing and Allowing Claims Against Insolvent Estates

This text of Alabama § 43-2-751 (Action by Creditor to Recover Dividend) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 43-2-751 (2026).

Text

(a)Any creditor of an insolvent estate, whose claim is not barred, may bring a civil action against any person who has received any dividend of such estate and may recover from him or her such an amount of the dividend he or she has received as shall be in the same proportion thereto as the claim of the plaintiff bears to the debts of the estate distributed, including the claim of the plaintiff.

(b)But, in such action, the defendant may reduce the recovery, by showing that such dividend has been reduced by the recovery or payment of the claims of other creditors of such estate in the like proportion.

(c)In such action, the plaintiff must pay the costs, unless he or she proves that he or she has exhibited his or her claim and demanded of the defendant his or her proportion of the dividen

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(a) Any creditor of an insolvent estate, whose claim is not barred, may bring a civil action against any person who has received any dividend of such estate and may recover from him or her such an amount of the dividend he or she has received as shall be in the same proportion thereto as the claim of the plaintiff bears to the debts of the estate distributed, including the claim of the plaintiff.
(b) But, in such action, the defendant may reduce the recovery, by showing that such dividend has been reduced by the recovery or payment of the claims of other creditors of such estate in the like proportion.
(c) In such action, the plaintiff must pay the costs, unless he or she proves that he or she has exhibited his or her claim and demanded of the defendant his or her proportion of the dividend received by him or her before the commencement of the action.

Legislative History

(Code 1852, §§1864-1866; Code 1867, §§2213-2215; Code 1876, §§2585-2587; Code 1886, §§2255-2257; Code 1896, §§323-325; Code 1907, §§2785-2787; Code 1923, §§6024-6026; Code 1940, T. 61, §§411-413.)