Code of Alabama
Ala. Code § 10-8-70 (2026)
(Repealed Effective January 1, 2001) Presumptions as to Partnership Property.
✓ official Alabama Legislature (ALISON) text, current July 2026
Repealed by Acts 1996, No. 96-528, p. 685, §1, effective January 1, 2001.
(Acts 1971, No. 1513, p. 2609, §8.)
Notes of Decisions
Cited in 6
cases, 1983–2000 · leading case: Miss. Valley Title Ins. Co. v. Malkove, 540 So. 2d 674 (Ala. 1988).
Miss. Valley Title Ins. Co. v. Malkove, 540 So. 2d 674 (Ala. 1988). “Code 1975, § 10-8-72(b)(1) (partner's only possessory right to partnership property is for partnership purposes, thus derived from the partnership entity); Code 1975, § 10-8-70(e) (partnership may acquire property; obviously, thus acquired, the partnership may use such…”
Hons v. A. Bertolla & Sons, 537 So. 2d 456 (Ala. 1988). “His claim was based entirely on the theory that because the property was held in the names of Angelo and Rudolph Bertolla, the property belonged to them and not the partnership.”
State, Dept. of Revenue v. Ritchey, 541 So. 2d 514 (Ala. 1989). “The statutory presumption in Code of Alabama 1975, § 10-8-70, buttresses our holding: "Presumptions as to partnership property.”
Harris v. Escoe (In Re Woolston), 147 B.R. 279 (Bankr. M.D. Ga. 1992). “Ala.Code § 10-8-70(b) (1987). 8 . O.C.G.A.”
Williams v. Williams, 438 So. 2d 735 (Ala. 1983). “See § 10-8-70(b), Code 1975. Nor is an action to quiet title or convey real property barred by the Alabama Statute of Nonclaims, § 43-2-350, Code 1975.”
Dally v. McHugh, 768 So. 2d 977 (Ala. Civ. App. 2000). “Ala.Code 1975, § 10-8-70(b), states: 1 *980 “Property is presumed to be partnership property if it is purchased with partnership funds even though the title or other interest is acquired in the name of an individual partner or partners.”
— Ala. Code § 10-8-70(a) — 1 case
Miss. Valley Title Ins. Co. v. Malkove, 540 So. 2d 674 (Ala. 1988). “Code 1975, § 10-8-72(b)(1) (partner's only possessory right to partnership property is for partnership purposes, thus derived from the partnership entity); Code 1975, § 10-8-70(e) (partnership may acquire property; obviously, thus acquired, the partnership may use such…”
— Ala. Code § 10-8-70(a)(2) — 1 case
Miss. Valley Title Ins. Co. v. Malkove, 540 So. 2d 674 (Ala. 1988). “Code 1975, § 10-8-72(b)(1) (partner's only possessory right to partnership property is for partnership purposes, thus derived from the partnership entity); Code 1975, § 10-8-70(e) (partnership may acquire property; obviously, thus acquired, the partnership may use such…”
— Ala. Code § 10-8-70(b) — 4 cases
Hons v. A. Bertolla & Sons, 537 So. 2d 456 (Ala. 1988). “His claim was based entirely on the theory that because the property was held in the names of Angelo and Rudolph Bertolla, the property belonged to them and not the partnership.”
Harris v. Escoe (In Re Woolston), 147 B.R. 279 (Bankr. M.D. Ga. 1992). “Ala.Code § 10-8-70(b) (1987). 8 . O.C.G.A.”
Williams v. Williams, 438 So. 2d 735 (Ala. 1983). “See § 10-8-70(b), Code 1975. Nor is an action to quiet title or convey real property barred by the Alabama Statute of Nonclaims, § 43-2-350, Code 1975.”
Dally v. McHugh, 768 So. 2d 977 (Ala. Civ. App. 2000). “Ala.Code 1975, § 10-8-70(b), states: 1 *980 “Property is presumed to be partnership property if it is purchased with partnership funds even though the title or other interest is acquired in the name of an individual partner or partners.”
— Ala. Code § 10-8-70(e) — 1 case
Miss. Valley Title Ins. Co. v. Malkove, 540 So. 2d 674 (Ala. 1988). “Code 1975, § 10-8-72(b)(1) (partner's only possessory right to partnership property is for partnership purposes, thus derived from the partnership entity); Code 1975, § 10-8-70(e) (partnership may acquire property; obviously, thus acquired, the partnership may use such…”
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