§ 6-6-252 — Intervention by Claimant of Property; Disposition of Property

Alabama § 6-6-252

• Jurisdiction: Alabama
• Title 6: Civil Practice
• Ch. 6: Remedies
• Art. 6: Detinue

Text

When an action is commenced for the recovery of personal property in specie under the provisions of subsection (a) of Section 6-6-250, any person claiming an interest in the property may intervene as a matter of right. Within five days after entry of the order authorizing intervention, the intervenor may make affidavit that the property sued for belongs to him and give bond in favor of the party then entitled to possession of the property pending an action, or, if neither party is then entitled to possession of the property pending an action and the property is in the custody of the sheriff, in favor of the party from whom the property was taken, the bond to be in the amount and upon the terms provided in subsection (b) of Section 6-6-250, whereupon the sheriff must deliver the property to the claimant unless, within five days after the sheriff seizes the property for delivery to the claimant, the party to whom the intervenor gave bond gives a similar bond in favor of the intervenor, in which case the property shall be returned to him. The other provisions of this article shall be applicable to intervenors as far as appropriate.

Legislative History

(Code 1896, §1484; Code 1907, §3792; Code 1923, §7403; Code 1940, T. 7, §932.)