(a) Any person who is arrested and is held in the legal custody of any law enforcement agency in Montgomery County may be released from custody upon proof that such person owns an equitable interest in any real property located in the county in an amount equal to the amount of bond set for his or her appearance in court, upon the pledging of such equitable interest and upon the signing of a recognizance bond swearing to so appear.

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Terms Used In Alabama Code 45-51-230

  • 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
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: includes lands, tenements and hereditaments. See Alabama Code 1-1-1
(b) In the alternative, any person, whether a resident or not, who owns an equitable interest in any real property located in the county equal to the amount of bond set for the appearance in court of any person who is arrested, and is held in the legal custody of any law enforcement agency in Montgomery County, may pledge the same in lieu of cash upon sufficient proof that such person has such equitable ownership in the property. Such person pledging the real property shall swear that the released person shall appear in court.