Article 1 General Provisions 35-6-1
Article 2 Partition in Circuit Court 35-6-20 – 35-6-25
Article 3 Partition in Probate Court 35-6-40 – 35-6-66
Article 4 Sale of Land of Minors and Insane Persons for Distribution Among Joint Owners 35-6-80 – 35-6-91
Article 4A Purchase of Interest of Joint Owner Filing for Partition 35-6-100 – 35-6-104
Article 5 Partition of Crops 35-6-110 – 35-6-126

Terms Used In Alabama Code > Title 35 > Chapter 6

  • act: Alabama Explosives Safety Act of 1993. See Alabama Code 34-24-144
  • adoptee: The person being adopted. See Alabama Code 45-37-162.06
  • agent: Any person authorized by the Department of Revenue to purchase and affix stamps on packages of cigarettes. See Alabama Code 34-24-177
  • airport: Any area of land or water which is used, or intended for use, for the landing, take-off, storage, parking or dispersal of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings, facilities or rights-of-way, together with all airport buildings, structures and facilities located thereon. See Alabama Code 34-24-230
  • Allegation: something that someone says happened.
  • ANIMAL SHELTER: Any facility operated by or under contract for the state or any county, municipal corporation, or other political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals; any veterinary hospital or clinic operated by a veterinarian or veterinarians which operates for such purpose in addition to its customary purposes; and any facility operated, owned, or maintained by a duly incorporated humane society, animal welfare organization, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. See Alabama Code 34-24-196
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • authority: The public corporation organized pursuant to the provisions of this chapter. See Alabama Code 34-24-230
  • blast: The firing or detonating of explosives. See Alabama Code 34-24-144
  • blaster: A person qualified by reason of training, knowledge, and experience to design, supervise, or detonate explosives in blasting operations, who has obtained a valid blaster certification card issued by the office. See Alabama Code 34-24-144
  • BLASTING CONTRACTOR: A person employed, hired, or contracted by a client or other person to plan, organize, supervise, and conduct blasting operations. See Alabama Code 34-24-144
  • BLASTING OPERATION: The use of explosives in the blasting of stone, rock, or any other natural formation, or in any construction, quarry work, or demolition of man-made structures. See Alabama Code 34-24-144
  • blind person: means a natural person who has no vision or whose vision with correcting glasses is so defective as to prevent the performance of ordinary activities for which eyesight is essential, or who has central visual acuity of 20/200 or less in the better eye with correcting glasses, or whose central visual acuity is more than 20/200 in the better eye with correcting glasses but whose peripheral field has contracted to such an extent that the widest diameter of the visual field subtends an angular distance no greater than 20 degrees. See Alabama Code 30-3D-610
  • board: The State Board of Agriculture and Industries. See Alabama Code 34-13-50
  • board: The board of directors of the authority. See Alabama Code 34-24-230
  • bonds: Those bonds, including the refunding bonds, issued under and pursuant to the provisions of this article. See Alabama Code 45-37-232.20
  • CANINE CORPS DOGS: Those members of the canine family maintained by governmental agencies for exclusive use in official duties assigned to those agencies. See Alabama Code 34-24-165
  • cat: All members of the domesticated feline (Felis catus) family. See Alabama Code 34-24-165
  • Chambers: A judge's office.
  • chiropractic: when used in this article, is hereby defined as the science and art of locating and removing without the use of drugs or surgery any interference with the transmission and expression of nerve energy in the human body by any means or methods as taught in schools or colleges of chiropractic which are recognized by the State Board of Chiropractic Examiners. See Alabama Code 34-24-120
  • cigarette: Any of the following:

    a. See Alabama Code 34-24-177

  • circuit: means judicial circuit. See Alabama Code 30-3D-608
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 34-13-50
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 32-6-15
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county: Any of the 67 counties of the state. See Alabama Code 34-24-230
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • director: A member of the board of directors of the authority. See Alabama Code 34-24-230
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • distributor: Any person engaged in the business of making sales of fireworks for resale to all holders of the required Alabama permits who in turn shall resell to any permit holder; or any person who receives, brings, or imports any fireworks of any kind into the State of Alabama, except to a holder of an Alabama manufacturer's or distributor's permit. See Alabama Code 34-23-50
  • Docket: A log containing brief entries of court proceedings.
  • dog: All members of the domesticated canine (Canis familiaris) family. See Alabama Code 34-24-165
  • Dower: A widow
  • entity: A domestic entity or foreign entity. See Alabama Code 45-26-231.06
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • explosives: Any chemical compound or other substance or mechanical system intended for the purpose of producing an explosion, or that contains oxidizing and combustible units, or other ingredients, in such proportions or quantities that ignition by detonation may produce an explosion, capable of causing injury to persons or damage to property. See Alabama Code 34-24-144
  • faa: The Federal Aviation Administration. See Alabama Code 34-24-230
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • FEED DISTRIBUTOR: Any person residing in Alabama, or any Alabama corporation, or Alabama legal business entity that sells directly to a ratite producer feed of any sort that is intended for ratite consumption regardless of where the feed is manufactured. See Alabama Code 34-13-50
  • ferret: All members of the ferret (Mustela putorius furo) family. See Alabama Code 34-24-165
  • FILING INSTRUMENT: An instrument, document, or statement that is required or authorized by this title to be filed by or for an entity with the filing officer in accordance with Article 4. See Alabama Code 45-26-231.06
  • FIREWORKS SEASONS: The dates of June 20 through July 10 and December 15 through January 2 of each year shall be the only periods when seasonal retailers may sell fireworks. See Alabama Code 34-23-50
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • GOVERNMENT SECURITIES: Any bonds or other obligations which as to principal and interest constitute direct obligations of, or are unconditionally guaranteed by, the United States of America, including obligations of any federal agency to the extent such obligations are unconditionally guaranteed by the United States of America and any certificates or any other evidences of an ownership interest in such obligations of, or unconditionally guaranteed by, the United States of America or in specified portions thereof, which may consist of the principal thereof or the interest thereon. See Alabama Code 45-37-232.20
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • HEALTH OFFICER: The State Health Officer or any county health officer as defined in Section 22-3-2, or his or her designee. See Alabama Code 34-24-165
  • IMMUNIZATION AGAINST RABIES: The injection, in a manner approved by the State Health Officer and the State Veterinarian, of rabies vaccine approved by the State Health Officer and the State Veterinarian. See Alabama Code 34-24-165
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • IMPOUNDING OFFICER: An agent of a county or municipality vested with impounding authority for animals covered under this chapter. See Alabama Code 34-24-165
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • ISSUING AUTHORITY: A municipality or other governmental entity authorized to issue permits and conduct the duties provided by this article. See Alabama Code 34-24-144
  • JUDGE OF PROBATE: The judge of probate of the county in which a domestic entity's certificate of formation is filed, or, with respect to a statement of authority under Chapter 8A, which is to be filed in the real property records of a particular county, the judge of probate of the county in which that statement is filed. See Alabama Code 45-26-231.06
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Juror: A person who is on the jury.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • license: An authorization issued pursuant to Section 8-17-247 that identifies persons eligible to do business as a blasting contractor or a quarry operator where explosives will be involved in blasting operations. See Alabama Code 34-24-144
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • manufacturer: Any person engaged in the making, manufacture, or construction of fireworks of any kind within the State of Alabama. See Alabama Code 34-23-50
  • manufacturer: Any of the following:

    a. See Alabama Code 34-24-177

  • minor: A person under the age of 19 or a person who is not an adult under the law in the jurisdiction where he or she resides. See Alabama Code 45-37-162.06
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • month: means a calendar month. See Alabama Code 30-3D-608
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • oath: includes affirmation. See Alabama Code 30-3D-608
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • office: The State Fire Marshal's Office. See Alabama Code 34-24-144
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner: Any person having a right of property in a dog, cat, ferret, or other animal, or who keeps or harbors the animal, or who has it in his or her care, or acts as its custodian, or who permits the animal to remain on or about any premises occupied by him or her. See Alabama Code 34-24-165
  • parent: Natural or legal father or mother. See Alabama Code 45-37-162.06
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • permit: The written authority of the State Fire Marshal issued under the authority of this article. See Alabama Code 34-23-50
  • permit: A municipal explosives use permit. See Alabama Code 34-24-144
  • PERMITTED INVESTMENTS: (i) Government securities; (ii) bonds, debentures, notes or other evidences of indebtedness issued by any of the following agencies: bank for cooperatives; federal intermediate credit banks; Federal Financing Bank; federal home loan banks; Federal Farm Credit Bank; Export-Import Bank of the United States; federal land banks; or Farmers Home Administration or any other agency or corporation which has been or may hereafter be created by or pursuant to an act of the Congress of the United States as an agency or instrumentality thereof; (iii) bonds, notes, pass through securities or other evidences of indebtedness of Government National Mortgage Association and participation certificates of Federal Home Loan Mortgage Corporation; (iv) full faith and credit obligations of any state, provided that at the time of purchase such obligations are rated at least "AA" by Standard & Poor's Corporation and at least "Aa" by Moody's Investors Service; (v) public housing bonds issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by contracts with the United States of America, or temporary notes, preliminary notes or project notes issued by public agencies or municipalities, in each case fully secured as to the payment of both principal and interest by a requisition or payment agreement with the United States of America; (vi) time deposits evidenced by certificates of deposit issued by banks or savings and loan associations which are members of the Federal Deposit Insurance Corporation, provided that, to the extent such time deposits are not covered by federal deposit insurance, such time deposits, including interest thereon, are fully secured by a pledge of obligations described in clauses (i), (ii), (iii), and (v) above, which at all times have a market value not less than the amount of such bank time deposits required to be so secured and which meet the greater of 100 percent collateralization or the "AA" collateral levels established by Standard & Poor's Corporation for structured financings; (vii) repurchase agreements for obligations of the type specified in clauses (i), (ii), (iii), and (v) above, provided such repurchase agreements are fully collateralized and secured by such obligations which have a market value at least equal to the purchase price of such repurchase agreements which are held by a depository satisfactory to the State Treasurer in such manner as may be required to provide a prefected security interest in such obligations, and which meet the greater of 100 percent collateralization or the "AA" collateral levels established by Standard & Poor's Corporation for structured financings; and (viii) uncollateralized investment agreements with, or certificates of deposit issued by, banks or bank holding companies, the senior long-term securities of which are rated at least "AA" by Standard & Poor's Corporation and at least "Aa" by Moody's Investors Service. See Alabama Code 45-37-232.20
  • person: Individuals, firms, partnerships, and associations. See Alabama Code 34-24-165
  • person: Includes any corporation, association, copartnership or one or more individuals. See Alabama Code 34-23-50
  • personal property: includes money, goods, chattels, things in action and evidence of debt, deeds and conveyances. See Alabama Code 30-3D-608
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • preceding: means next before. See Alabama Code 30-3D-608
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • QUALITY CONTROL AND QUALITY ASSURANCE PROGRAM: The laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. See Alabama Code 34-24-177
  • Quorum: The number of legislators that must be present to do business.
  • RABIES OFFICER: A licensed veterinarian as defined in Section 34-29-61, duly appointed by the county board of health and approved by the State Health Officer and State Veterinarian. See Alabama Code 34-24-165
  • ratite: One of a variety of flightless birds including an ostrich, emu, rhea, cassowary, or kiwi. See Alabama Code 34-13-50
  • REFUNDING BONDS: Those refunding bonds issued under and pursuant to Section 2-5A-35. See Alabama Code 45-37-232.20
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • repeatability: The range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time. See Alabama Code 34-24-177
  • RETAIL DEALER: Any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products. See Alabama Code 34-24-177
  • retailer: Any person engaged in the business of making sales of fireworks to consumers within the State of Alabama during a calendar year from January 1 through December 31. See Alabama Code 34-23-50
  • sale: An exchange of articles or fireworks for money, including barter, exchange, gift, or offer thereof, and each such transaction made by any person, whether as principal proprietor, salesman, agent, association, copartnership, or one or more individuals. See Alabama Code 34-23-50
  • sale: Any transfer of title or possession, or both, exchange or barter, conditional or otherwise, in any manner or by any means whatever or any agreement therefor. See Alabama Code 34-24-177
  • SEASONAL RETAILER: Any person engaged in the business of making sales of fireworks to consumers within the State of Alabama during the fireworks season(s) only, from permanent buildings or temporary or moveable stands. See Alabama Code 34-23-50
  • SECRETARY OF STATE: The Secretary of State of the State of Alabama. See Alabama Code 45-26-231.06
  • sell: To sell or to offer or agree to do the same. See Alabama Code 34-24-177
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • SPECIAL FIREWORKS: All articles of fireworks that are classified as Class B explosives in the regulations of the U. See Alabama Code 34-23-50
  • state: Includes, when referring to a part of the United States, a state or commonwealth, and its agencies and governmental subdivisions, and a territory or possession, and its agencies and governmental subdivisions, of the United States. See Alabama Code 45-26-231.06
  • state: The State of Alabama. See Alabama Code 34-24-230
  • Statute: A law passed by a legislature.
  • sterilization: The surgical removal of the reproductive organs of a dog or cat in order to render the animal unable to reproduce. See Alabama Code 34-24-196
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • uncontrolled: as used in this chapter shall in no case be construed to prohibit the driving of any animal or stock over, upon or along the public streets and highways of this state by the owner thereof or his duly authorized agent. See Alabama Code 34-24-59
  • WHOLESALE DEALER: Any person, other than a manufacturer, who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, and any person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by any other person. See Alabama Code 34-24-177
  • wholesaler: Any person engaged in the business of making sales of fireworks to any other person engaged in the business of making sales at seasonal retail. See Alabama Code 34-23-50
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.