Abatement, Survival and Revival of Actions.

Ala. Code tit. 6, ch. 5, art. 26

in effect

Ala. Code § 6-5-460 Abatement - Actions by or Against Unmarried Women Not Abated Upon Marriage.

6-5-460. Abatement - Actions by or Against Unmarried Women Not Abated Upon Marriage. A claim upon which an action has been filed by or against an unmarried woman does not abate on her marriage, but, the marriage being suggested upon the record, the action proceeds in her name acquired by the marriage, and judgment is entered accordingly. If judgment is entered against her, it may be satisfied out of her estate. (Code 1852, §2150; Code 1867, §2548; Code 1876, §2914; Code 1886, §2602; Code 1896, §37; Code 1907, §2498; Code 1923, §5714; Code 1940, T. 7, §152.)

Ala. Code § 6-5-461 Abatement - Actions by Informers.

6-5-461. Abatement - Actions by Informers. In claims upon which an action has been filed by informers, unless otherwise specifically provided by law, the first filed shall have precedence, and all others shall abate. (Code 1907, §2452; Code 1923, §5658; Code 1940, T. 7, §148.)

Ala. Code § 6-5-462 Survival - Claims by and Against Personal Representative in Proceedings Not of an Equitable Nature.

6-5-462. Survival - Claims by and Against Personal Representative in Proceedings Not of an Equitable Nature. In all proceedings not of an equitable nature, all claims upon which an action has been filed and all claims upon which no action has been filed on a contract, express or implied, and all personal claims upon which an action has been filed, except for injuries to the reputation, survive in favor of and against personal representatives; and all personal claims upon which no action has been filed survive against the personal representative of a deceased tort-feasor. (Code 1852, §2157; Code 1867, §2555; Code 1876, §2920; Code 1886, §2600; Code 1896, §35; Code 1907, §2496; Code 1923, §5712; Code 1940, T. 7, §150; Acts 1951, No. 737, p. 1290.)

Ala. Code § 6-5-463 Survival - Real Property Claims to Which Actions Filed.

6-5-463. Survival - Real Property Claims to Which Actions Filed. Real property claims with respect to which actions have been filed survive in favor of heirs, devisees, or personal representatives and against heirs, devisees, tenants, or personal representatives according to their respective rights, and the court must direct the record and judgment to be so framed as to secure their rights and declare their respective interests. (Code 1852, §2158; Code 1867, §2556; Code 1876, §2921; Code 1886, §2601; Code 1896, §36; Code 1907, §2497; Code 1923, §5713; Code 1940, T. 7, §151.)

Ala. Code § 6-5-464 Survival - Claims Equitable in Nature.

6-5-464. Survival - Claims Equitable in Nature. (a) All claims equitable in nature upon which an action has been filed shall survive in favor of and against the heirs, successors, or personal representative of any deceased party to such an action. (b) All claims equitable in nature upon which no action has been filed shall survive in favor of and against the personal representatives, heirs, or successors of deceased persons who, but for their death, could have enforced such claims or against whom such claims could have been enforced. (Acts 1947, No. 709, p. 544.)

Ala. Code § 6-5-465 Survival - Substitution of Personal Representative Where No Action Filed.

6-5-465. Survival - Substitution of Personal Representative Where No Action Filed. If a claim upon which no action has been filed survives on the death of a defendant, substitution of his personal representative may be effected under the Alabama Rules of Civil Procedure; but final judgment must not be entered against a personal representative if he objects until after the expiration of six months from the grant of letters testamentary or of administration. (Code 1852, §2148; Code 1867, §2544; Code 1876, §2910; Code 1886, §2606; Code 1896, §41; Code 1907, §2500; Acts 1915, No. 533, p. 605; Code 1923, §5716; Acts 1931, No. 717, p. 837; Code 1940, T. 7, §154.)

Ala. Code § 6-5-466 Revival in Case of Death of One or More Defendants Jointly Sued.

6-5-466. Revival in Case of Death of One or More Defendants Jointly Sued. (a) The death of one or more defendants jointly sued does not, as to the defendant dying, abate a claim upon which an action has been filed if the claim survives; but such a claim may be revived against the proper representative of such defendant and such representative and the surviving defendant or defendants may be proceeded against jointly or severally, at the election of the plaintiff. (b) Under this section, the judgment entered must be several, but against a personal representative, if he objects, judgment must not be entered until after the expiration of six months from the grant of letters testamentary or of administration. (c) Under this section, the satisfaction of one judgment is, as to the plaintiff, a satisfaction of all, except as to costs; but if requested, the plaintiff must assign, without recourse on him, the judgment against a principal debtor to the party from whom satisfaction is received if such principal debtor was bound to the indemnity of such party. (Code 1867, §§2546, 2547; Code 1876, §§2912, 2913; Code 1886, §2608; Code 1896, §43; Code 1907, §2501; Code 1923, §5717; Code 1940, T. 7, §155.)

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