Venditioni Exponas.

Ala. Code tit. 6, ch. 9, art. 5, div. 2

in effect

Ala. Code § 6-9-120 Return Showing Goods Levied on Unsold; Issuance of Writ; Form of Writ.

6-9-120. Return Showing Goods Levied on Unsold; Issuance of Writ; Form of Writ. When goods levied on remain in the hands of the officer unsold, it is his duty to make return of the fact; and, thereupon, the clerk must issue a writ for the sale thereof in substance as follows: The State of Alabama, _____ County. To the Sheriff of said County: You are hereby commanded to sell those goods and chattels of _____, which you have taken pursuant to our command, and which, according to your return, remain in your hands unsold, to satisfy _____ the sum of _____ dollars, recovered by him of the said _____ by the judgment of our circuit (or district) court, held for the County of _____ on the _____ day of _____, 19__, and _____ dollars, cost of the action; and make return of this writ and execution thereof according to law. Witness my hand, this _____ day of _____, 19__. _____ Clerk or Register. (Code 1852, §2454; Code 1867, §2868; Code 1876, §3206; Code 1886, §2915; Code 1896, §1913; Code 1907, §4120; Code 1923, §7835; Code 1940, T. 7, §547.)

Ala. Code § 6-9-121 Death of Levying Officer Prior to Sale; Proceedings If Property Not Delivered by Representatives of Deceased Officer.

6-9-121. Death of Levying Officer Prior to Sale; Proceedings If Property Not Delivered by Representatives of Deceased Officer. (a) When the officer taking property under execution shall die before the sale thereof, a writ of venditioni exponas shall issue directed to the proper officer of the county in which the property was taken, and such officer shall, under the writ of venditioni exponas, receive the property from the representatives of the former sheriff or other officer, who are required to deliver the same to the officer having the venditioni exponas, on his producing the same and executing a receipt for the property, and the officer shall proceed to sell the same as in other cases. (b) If the representatives of the deceased officer shall refuse or neglect to deliver the property or if there shall not be an executor or administrator of his estate, the officer having the writ of venditioni exponas may seize the property taken by the former officer, wherever it may be found, and sell the same as in other cases, or the plaintiff may move for summary judgment in the court from which the execution issued against the representative of the deceased officer and his sureties; and, thereupon, a judgment shall be entered against the representatives of the deceased officer and his sureties for the amount of the execution which came to the hands of such deceased officer, with interest and costs. (Code 1907, §§4121, 4122; Code 1923, §§7836, 7837; Code 1940, T. 7, §§548, 549.)

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