Frauds.

Ala. Code tit. 8, ch. 9

in effect

Ala. Code § 8-9-1 Mortgage of Personalty.

8-9-1. Mortgage of Personalty. Except as may be otherwise provided by Title 7 a mortgage of or security interest in personal property is not valid unless made in writing and subscribed by the mortgagor or debtor. (Code 1886, §1731; Code 1896, §2151; Code 1907, §4288; Code 1923, §8033; Code 1940, T. 20, §2.)

Ala. Code § 8-9-2 Certain Agreements Void Unless in Writing.

8-9-2. Certain Agreements Void Unless in Writing. In the following cases, every agreement is void unless such agreement or some note or memorandum thereof expressing the consideration is in writing and subscribed by the party to be charged therewith or some other person by him thereunto lawfully authorized in writing: (1) Every agreement which, by its terms, is not to be performed within one year from the making thereof; (2) Every special promise by an executor or administrator to answer damages out of his own estate; (3) Every special promise to answer for the debt, default or miscarriage of another; (4) Every agreement, promise or undertaking made upon consideration of marriage, except mutual promises to marry; (5) Every contract for the sale of lands, tenements or hereditaments, or of any interest therein, except leases for a term not longer than one year, unless the purchase money, or a portion thereof is paid and the purchaser is put in possession of the land by the seller; (6) Every agreement, contract or promise to make a will or to devise or bequeath any real or personal property or right, title or interest therein; (7) Every agreement or commitment to lend money, delay or forebear repayment thereof or to modify the provisions of such an agreement or commitment except for consumer loans with a principal amount financed less than $25,000; (8) Notwithstanding Section 7-8-113, every agreement for the sale or purchase of securities other than through the facilities of a national stock exchange or of the over-the-counter securities market. (Code 1852, §1551; Code 1867, §1862; Code 1876, §2121; Code 1886, §1732; Code 1896, §2152; Code 1907, §4289; Code 1923, §8034; Code 1940, T. 20, §3; Acts 1951, No. 645, p. 1109; Acts 1989, No. 89-430, p. 910; Acts 1996, No. 96-742, p. 1241, §5.)

Ala. Code § 8-9-3 Sufficiency of Note of Contract - Memorandum of Auctioneer.

8-9-3. Sufficiency of Note of Contract - Memorandum of Auctioneer. When lands, tenements, or hereditaments are sold or leased at public auction and the auctioneer, his clerk or agent makes a memorandum of the property and the price thereof at which it is sold or leased, the terms of sale, the name of the purchaser, or lessee and the name of the person on whose account the sale or lease is made, such memorandum is a note of the contract within the meaning of Section 8-9-2. (Code 1852, §1552; Code 1867, §1863; Code 1876, §2122; Code 1886, §1733; Code 1896, §2153; Code 1907, §4290; Code 1923, §8035; Code 1940, T. 20, §4.)

Ala. Code § 8-9-4 Sufficiency of Note of Contract - Return or Report of Officer Making Judicial Sale.

8-9-4. Sufficiency of Note of Contract - Return or Report of Officer Making Judicial Sale. When lands, tenements, or hereditaments are sold at judicial sale, the return or report of the officer making the sale, showing the names of the parties to the action or proceeding, a description of the property, the price at which it was sold, and the name of the purchaser is a note of the contract within the meaning of Section 8-9-2. (Code 1896, §2154; Code 1907, §4291; Code 1923, §8036; Code 1940, T. 20, §5.)

Ala. Code § 8-9-5 Representation or Assurance of Another’s Credit to Be in Writing.

8-9-5. Representation or Assurance of Another’s Credit to Be in Writing. No action can be maintained to charge any person, by reason of any representation or assurance made, concerning the character, conduct, ability, trade, or dealings of any other person, when such action is brought by the person to whom such representation or assurance was made, unless the same is in writing, signed by a party sought to be charged. (Code 1852, §1553; Code 1867, §1864; Code 1876, §2123; Code 1886, §1734; Code 1896, §2155; Code 1907, §4292; Code 1923, §8037; Code 1940, T. 20, §6.)

Ala. Code § 8-9-8 When General Assignment or Conveyance of Substantially All Property by Debtor Inures to Benefit of All Creditors Equally.

8-9-8. When General Assignment or Conveyance of Substantially All Property by Debtor Inures to Benefit of All Creditors Equally. (a) Every general assignment made by a debtor or a conveyance by a debtor of substantially all of his property subject to execution in payment of a prior debt by which a preference or priority of payment is given to one or more creditors over the remaining creditors of the grantor shall be and inure to the benefit of all the creditors of the grantor equally. (b) This section shall not apply to or embrace mortgages, pledges, or pawns given to secure a debt contracted contemporaneously with the execution of the mortgage, pledge, or pawn and for the security of which the mortgage, pledge, or pawn was given. (c) A “general assignment” within the meaning of this section shall include, in addition to the conveyances now defined as such by law, every judgment confessed, attachment procured by a debtor or other disposition of property by which a debtor conveys all, or substantially all, of his property subject to execution in payment of, or as the security for, a prior debt or charges such property with the payment of such debt. (Code 1876, §2126; Code 1886, §1737; Code 1896, §2158; Code 1907, §4295; Code 1923, §8040; Code 1940, T. 20, §9.)

Ala. Code § 8-9-10 Agreement in Contract to Forfeit Right of Action for Not Presenting Damage Claim Void; Exceptions.

8-9-10. Agreement in Contract to Forfeit Right of Action for Not Presenting Damage Claim Void; Exceptions. Any agreement, convenant, or stipulation in any contract, verbal or written, forfeiting any right of action for failure to present to the party liable a claim for damages, is void; but this section shall not prevent stipulations requiring the giving of informaiton by one party to another within a reasonable time of the happening of any event peculiarly within the knowlege of one of the parties to such contract. (Code 1907, § 4297; Code 1923, § 8048; Code 1940, T. 20, §17.)

Ala. Code § 8-9-11 Agreements to Confess Judgment, Be Sued in Different Venue or Authorize Another to Confess Judgment Before Commencement of Action Void; Annulment of Illegal Judgments.

8-9-11. Agreements to Confess Judgment, Be Sued in Different Venue or Authorize Another to Confess Judgment Before Commencement of Action Void; Annulment of Illegal Judgments. All agreements, contracts, or stipulations to confess judgment in any of the courts of this state, to be sued in any county other than that fixed by the venue statutes of this state, or to authorize another to confess judgment in any of the courts of this state made before the commencement of the action in which such judgments are so confessed shall be void, and all judgments by such unlawful confession, or otherwise taken or had in violation of this section, shall be set aside and annulled on motion if made within six months after the entry of such judgment. (Code 1907, §4296; Code 1923, §8047; Code 1940, T. 20, §16.)

Ala. Code § 8-9-12 Realty Conveyance Wherein Grantee Agrees to Support Grantor During Life Voidable; Exceptions.

8-9-12. Realty Conveyance Wherein Grantee Agrees to Support Grantor During Life Voidable; Exceptions. Any conveyance of realty wherein a material part of the consideration is the agreement of the grantee to support the grantor during life is void at the option of the grantor, except as to bona fide purchasers for value, lienees, and mortgagees without notice, if, during the life of the grantor, he takes proceedings to annul such conveyance. (Code 1923, §8046; Code 1940, T. 20, §15.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026