Recitation of Fact of Purchase Deemed Prima Facie Evidence

Official textalison.legislature.state.al.us

When an action is brought to recover possession of lands by either the state, its assignee or by purchaser other than the state, or his assignee as provided by Sections 40-10-73 and 40-10-74, the complainant shall recite the fact of the tax sale and purchase, and the certificate of purchase, and the same shall prima facie be sufficient to entitle the complainant to judgment, and the burden shall be on the respondent to show that the complainant is not entitled to recover.

Last amended: Acts 1935, No. 194, p. 256; Code 1940, T. 51, §292.

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In this chapter (40 sections)

40-10-26 · Payment of Judgment on Appeal
40-10-27 · Fees
40-10-28 · Disposition of Excess Arising from Sale
40-10-29 · Deeds - Delivered to Purchaser
40-10-30 · Deeds - Signature, Acknowledgment and Effect
40-10-31 · Removal of Cloud Upon Title to Real Estate Erroneously Sold…
40-10-50 · Designation; Appointment of Agents and Assistants;…
40-10-51 · Duties Generally
40-10-52 · Duties of Agents
40-10-53 · Blank Certificates and Deeds
40-10-54 · Lists of Lands Bid in for State Furnished Assessor by…
40-10-70 · Purchaser to Receive Assignment of Liens
40-10-71 · When Lands Are Sold Which Are Not Liable for Taxes
40-10-72 · When Land Sold Is Insufficiently Described
40-10-73 · Right of State or Assignee to Possession When Lands Are Bid…
40-10-74 · Right of Purchaser or Assignee to Possession; Redemption…
40-10-75 · Right Where Sale Proceedings Were Defective
40-10-76 · Action for Possession Defeated on Grounds Other Than That…
40-10-77 · Defense of Action Fails on Grounds Other Than That Taxes…
40-10-78 · Tender of Party Claiming Adversely to Tax Title; Payment of…
40-10-79 · Recitation of Fact of Purchase Deemed Prima Facie Evidence
40-10-80 · Judgment When Party Claiming Adversely to Tax Title Has Made…
40-10-81 · Books and Records as Prima Facie Evidence
40-10-82 · Limitation of Actions
40-10-83 · Effect of Payment by Original Owner or Assignee
40-10-100 · Refund to Purchaser When Taxes Not Due at Time of Sale and…
40-10-101 · Refund to Purchaser When Taxes Were Not Due at Time of Tax…
40-10-102 · How Refund Procured
40-10-103 · Certification of Facts to Comptroller and Payment by Him
40-10-104 · Warrant Drawn on School Funds
40-10-105 · Warrant for Fees, Costs, Taxes, Penalty, and Interest
40-10-120 · When and by Whom Land May Be Redeemed
40-10-121 · Manner of Redemption of Land Sold to State
40-10-122 · Manner of Redemption When Land Sold to Party Other Than…
40-10-123 · Redeeming Lots and Parcels Without Redeeming Entire…
40-10-124 · Redeeming Lots and Parcels Without Redeeming Entire…
40-10-125 · Redeeming Lots and Parcels Without Redeeming Entire…
40-10-126 · Redeeming Lots and Parcels Without Redeeming Entire…
40-10-127 · Issuance of Certificates of Redemption
40-10-128 · Deposit of Redemption Money - Generally

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