Conveyance.

Ala. Code tit. 6, ch. 9, art. 5, div. 3

in effect

Ala. Code § 6-9-140 Conveyance of Title by Sale Under Judicial Process.

6-9-140. Conveyance of Title by Sale Under Judicial Process. A sale regularly made by virtue of judicial process issuing from a court of competent jurisdiction shall convey the title as effectually as if the sale was made by the person against whom the process issues. (Code 1907, §4125; Code 1923, §7840; Code 1940, T. 7, §552.)

Ala. Code § 6-9-141 Written Note or Memorandum Unnecessary.

6-9-141. Written Note or Memorandum Unnecessary. No note or memorandum in writing shall be necessary to charge any person at a judicial, execution or attachment sale other than the return of the officer on the process. (Code 1907, §4126; Code 1923, §7841; Code 1940, T. 7, §553.)

Ala. Code § 6-9-142 Caveat Emptor; When Officer Personally Bound.

6-9-142. Caveat Emptor; When Officer Personally Bound. The purchaser must look for himself as to the title and soundness of all property sold under judicial process. Actual fraud or misrepresentation by the officer or his agent may bind him personally. No covenant of warranty binds him individually unless made with that intention for a valuable consideration and in writing. (Code 1907, §4127; Code 1923, §7842; Code 1940, T. 7, §554.)

Ala. Code § 6-9-143 Liability of Purchaser for Not Complying with Terms of Sale; Form of Action Against Purchaser.

6-9-143. Liability of Purchaser for Not Complying with Terms of Sale; Form of Action Against Purchaser. (a) Any person who may become the purchaser of any real or personal estate at any sale which may be made at public outcry by an executor, administrator or guardian or by any sheriff or other officer under and by virtue of any execution or other legal process and who shall fail or refuse to comply with the terms of such sale when requested so to do shall be liable for the amount of such purchase money, and it shall be at the option of such sheriff or other officer either to proceed against such purchaser for the full amount of the purchase money or to resell such real or personal estate and then proceed against the first purchaser for the deficiency arising from such sale. (b) The action provided for in subsection (a) of this section may be commenced in the name of the sheriff or other officer making the sale for the use of the plaintiff or defendant in execution or for any other person in interest, as the case may be. (Code 1907, §§4129, 4130; Code 1923, §§7844, 7845; Code 1940, T. 7, §§556, 557.)

Ala. Code § 6-9-144 Purchaser Owner of Stock, Etc., Sold.

6-9-144. Purchaser Owner of Stock, Etc., Sold. The purchaser of any stock, share, interest, or judgment of the defendant, sold under execution or attachment, shall become the owner thereof in the same manner as if it had been regularly assigned to him by the defendant. (Code 1907, §4124; Code 1923, §7839; Code 1940, T. 7, §551.)

Ala. Code § 6-9-145 Enforcement of Covenants Running with Land.

6-9-145. Enforcement of Covenants Running with Land. The purchaser at judicial sale may enforce any covenants of warranty running with the land which may be incorporated in the previous title deeds. (Code 1907, §4128; Code 1923, §7843; Code 1940, T. 7, §555.)

Ala. Code § 6-9-146 Void or Irregular Mortgage Foreclosure.

6-9-146. Void or Irregular Mortgage Foreclosure. A purchaser at a void or irregular judicial sale under foreclosure of a mortgage succeeds to all of the interests of the mortgagee. (Code 1907, §4131; Code 1923, §7846; Code 1940, T. 7, §558.)

Ala. Code § 6-9-147 Setting Aside of Sales by Courts.

6-9-147. Setting Aside of Sales by Courts. Courts have full power over their officers making execution or judicial sales, and whenever satisfied that a sale made under any legal process is infected with fraud, oppression, irregularity, or error to the injury of either party, the sale will be set aside. (Code 1907, §4134; Code 1923, §7849; Code 1940, T. 7, §561.)

Ala. Code § 6-9-148 When Debtor Bound by Void Sale.

6-9-148. When Debtor Bound by Void Sale. Where property is sold under void process and the proceeds are applied to valid liens against the defendant, or he receives the benefit thereof, he is bound thereby if present and not objecting to the sale. (Code 1907, §4132; Code 1923, §7847; Code 1940, T. 7, §559.)

Ala. Code § 6-9-149 Execution and Delivery of Deed to Real Estate Sold by Sheriff.

6-9-149. Execution and Delivery of Deed to Real Estate Sold by Sheriff. When real estate or any interest therein has been sold by any sheriff, he shall, upon compliance by the purchaser with the terms of sale and the payment or tender of the fees for executing the deed therefor, execute a deed for such real estate or interest therein sold and deliver the same to the purchaser within five days after such sale. (Code 1867, §2870; Code 1876, §3208; Code 1886, §2917; Code 1896, §1914; Code 1907, §4123; Code 1923, §7838; Code 1940, T. 7, §550.)

Ala. Code § 6-9-150 Conveyance by Sheriff of Lands Sold by Predecessor.

6-9-150. Conveyance by Sheriff of Lands Sold by Predecessor. When any sheriff authorized by law to sell real estate makes such sale and dies or vacates his office before making a conveyance to the purchaser thereof, the court from which the writ issued, upon proof of the sale and of the payment of the purchase money, may order the successor in office of the sheriff making such sale to make a conveyance of such lands to the purchaser, and such conveyance shall relate back to the date of the sale. If the purchaser is the plaintiff in the judgment, proof that he has credited, or the fact that he does credit, on the record the defendant with the amount of the purchase money, less the necessary expenses and costs, is equivalent to proof of payment of the purchase money. (Code 1867, §2869; Code 1876, §3207; Code 1886, §2916; Code 1896, §1915; Code 1907, §4133; Code 1923, §7848; Code 1940, T. 7, §560.)

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