Alabama § 6-6-165 Return - Where Execution Issued from Probate Court; Trial in Circuit Court; Return of Execution on Forfeited Bond

Alabama Statutes

§ 6-6-165 — Return - Where Execution Issued from Probate Court; Trial in Circuit Court; Return of Execution on Forfeited Bond

Alabama § 6-6-165

Title 6Civil Practice

Ch. 6Remedies

Art. 3Trial of Right of Property

This text of Alabama § 6-6-165 (Return - Where Execution Issued from Probate Court; Trial in Circuit Court; Return of Execution on Forfeited Bond) 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 § 6-6-165 (2026).

Text

(a)If the levy was made under execution issued from the probate court, the sheriff must return the original execution to the court from which it issued with an endorsement thereon showing the interposition of the claim, and he must return a copy of the execution and of the returns thereon, the affidavit and the bond to the circuit court of his county, where, after 30 days, the trial of the right of property must be had according to the provisions of this article.

(b)If, in the case provided for in subsection (a) of this section, the bond is forfeited, the execution on the forfeited bond must be made returnable to the court from which the original process issued, of which and of the time of its receipt by the sheriff the clerk must give the judge of probate written notice, which shall be

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(a) If the levy was made under execution issued from the probate court, the sheriff must return the original execution to the court from which it issued with an endorsement thereon showing the interposition of the claim, and he must return a copy of the execution and of the returns thereon, the affidavit and the bond to the circuit court of his county, where, after 30 days, the trial of the right of property must be had according to the provisions of this article.
(b) If, in the case provided for in subsection (a) of this section, the bond is forfeited, the execution on the forfeited bond must be made returnable to the court from which the original process issued, of which and of the time of its receipt by the sheriff the clerk must give the judge of probate written notice, which shall be presumptive evidence of the fact against the sheriff.

Legislative History

(Code 1852, §§667, 678; Code 1867, §§799, 800; Code 1876, §§705, 706; Code 1886, §§3006, 3009; Code 1896, §§4146, 4147; Code 1907, §§6044, 6045; Code 1923, §§10380, 10381; Code 1940, T. 7, §§1173, 1174.)