Code of Alabama
Ala. Code § 10-8-97 (2026)
(Repealed Effective January 1, 2001) Rights of Partners Regarding Partnership Property.
✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
Repealed by Acts 1996, No. 96-528, p. 685, §1, effective January 1, 2001.
(Acts 1971, No. 1513, p. 2609, §38.)
Notes of Decisions
Cited in 7
cases, 1980–1999 · leading case: In re Wood, 52 B.R. 513 (Bankr. N.D. Ala. 1985).
In re Wood, 52 B.R. 513 (Bankr. N.D. Ala. 1985). “Section 541 (a) (1978) since Alabama Code Section 10-8-97 (1975) entitled Mr. Wood to his share of the collateral fund after the payment of partnership debts.”
Costellos v. Jebeles, 406 So. 2d 393 (Ala. 1981). “; this Court reversed and remanded the case to the trial court with instructions to follow the procedure for dissolution as set out in § 10-8-97 After remand, Costellos filed an amended counterclaim setting out claims which were not asserted in the original action Jebeles filed…”
Bertolla v. Bill, 774 So. 2d 497 (Ala. 1999). “§ 10-8-97, Ala. Code 1975. Andy argues that the assets of the partnership should be distributed according to their book value, drawing upon the "unless otherwise agreed" language of § 10-8-97.”
DJ Sherwood Transp., Inc. v. Road Shows, Inc., 656 So. 2d 884 (Ala. Civ. App. 1995). “Although he cites Ala. Code 1975, § 10-8-97, and Dutton v. LeMaster , 437 So.”
Jebeles v. Costellos, 391 So. 2d 1024 (Ala. 1980). “On remand the court should follow the procedure for dissolution of the partnership as set out in § 10-8-97. REVERSED AND REMANDED. TORBERT, C.”
Dutton v. Lemaster, 437 So. 2d 1245 (Ala. 1983). “Also, note especially § 10-8-97, Code 1975. Declaring the partnership dissolved as of May 1, 1982 and directing the partners, who are obviously in antagonistic positions, to wind up the business affairs of the partnership most certainly falls far short of what the applicable…”
Martin v. Tolson, 562 So. 2d 217 (Ala. 1990). “) Tolson argues that § 10-8-103 does not apply because, he says, the continuance of the business in this case does not fall within the applicable provisions of § 10-8-102 or § 10-8-97. We agree that § 10-8-97(b)(2) does not apply, because that provision concerns situations in…”
Ala. Code § 10-8-97(b)(2): 1 case
Martin v. Tolson, 562 So. 2d 217 (Ala. 1990). “) Tolson argues that § 10-8-103 does not apply because, he says, the continuance of the business in this case does not fall within the applicable provisions of § 10-8-102 or § 10-8-97. We agree that § 10-8-97(b)(2) does not apply, because that provision concerns situations in…”
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