Code of Alabama
Ala. Code § 12-11-31 (2026)
Equitable Jurisdiction.
✓ official Alabama Legislature (ALISON) text, current July 2026
The powers and jurisdiction of circuit courts as to equitable matters or proceedings shall extend:
(1) To all civil actions in which a plain and adequate remedy is not provided in the other judicial tribunals.
(2) To all cases founded on a gambling consideration, so far as to sustain a petition for discovery and grant relief.
(3) To subject an equitable title or claim to real estate, and generally all equitable assets to the payment of debts.
(4) To such other cases as may be provided by law.
(5) To establish and define uncertain or disputed boundary lines, whether the complaint contains an independent equity or not.
(Code 1852, §602; Code 1867, §698; Code 1876, §616; Code 1886, §720; Code 1896, §638; Code 1907, §3052; Acts 1923, No. 589, p. 764; Code 1923, §6465; Code 1940, T. 13, p. 1323, §129.)
Notes of Decisions
Cited in 20
cases (1 in the last 5 years), 1984–2025 · leading case: O.S. v. E.S., 205 So. 3d 1233 (Ala. 2014).
O.S. v. E.S., 205 So. 3d 1233 (Ala. 2014). “’s independent action challenging the judgment of adoption rendered by the probate court based on the circuit court’s general equitable jurisdiction set forth in § 12-11-31, Ala.Code 1975, which states, in pertinent part: “The powers and jurisdiction of circuit courts as to…”
Neal v. Neal, 856 So. 2d 766 (Ala. 2003). “Code 1975; § 12-11-31(1) and (4), Ala. Code 1975; § 12-11-40, Ala.”
Roy Wayne Hill v. Hill, 2090130 (ala.civ.app. 12-3-2010), 89 So. 3d 116 (Ala. Civ. App. 2010). “generally Ala.Code 1975, § 12-11-31(1). In this appeal, the plaintiffs have focused entirely upon the correctness of the trial court’s ruling as to their claim that Leroy breached the alleged family-inheritance agreement by failing to convey to the children at his death the…”
Daniel v. Moye, 224 So. 3d 115 (Ala. 2016). “Section 12-11-31(1), Ala. Code 1975, provides that the jurisdiction of the circuit courts as to equitable matters extends “to all civil actions in which a plain and adequate remedy is not provided in the other judicial tribunals.”
B.E.H. v. L.N.K., 64 So. 3d 656 (Ala. Civ. App. 2010). “The mother instead relies on the rule of law that, once a court of this state establishes jurisdiction over those matters, jurisdiction remains in that court unless and until that jurisdiction is relinquished. See Rush v.”
O.S. v. E.S., 205 So. 3d 1219 (Ala. Civ. App. 2013). “Alabama Code 1975, § 12-11-31(1), provides that the jurisdiction of the circuit courts as to equitable matters extends ‘to all civil actions in which a plain and adequate remedy is not provided in the other judicial tribunals.”
Ex Parte City of Tuskegee, 447 So. 2d 713 (Ala. 1984). “The respondent, Moore, in addition to adopting that position, also contends that the circuit court has original jurisdiction of this case under Code of 1975, § 12-11-31, as a civil action in which a plain and adequate remedy is not provided in other judicial tribunals.”
Clark v. Clark, 682 So. 2d 1051 (Ala. Civ. App. 1996). “Code 1975, § 12-11-30, as well as its history as a court of equity jurisdiction, as provided for in Ala.Code 1975, § 12-11-31, and its child custody jurisdiction under Ala.”
Hutchinson v. Miller, 962 So. 2d 884 (Ala. Civ. App. 2007). “, and § 12-11-31, Ala.Code 1975 "[b]y statute, it is very common to confer a like jurisdiction upon other tribunals, of superior or inferior jurisdiction.”
McRae v. Booth, 938 So. 2d 432 (Ala. Civ. App. 2006). “288, 289 (1917), the circuit court, having general equity jurisdiction in direct succession to English ecclesiastical courts ( see § 12-11-31(1), Ala.Code 1975, and Northcom, Ltd.”
Worrell v. Shell, 68 So. 3d 862 (Ala. Civ. App. 2011). “Code of Alabama 1975 § 12-11-31 and [Boutwell v.”
Suggs v. Gray, 265 So. 3d 226 (Ala. 2018). “Code 1975, provides that the jurisdiction of the circuit court as to equitable matters extends "[t]o all civil actions in which a plain and adequate remedy is not provided in the other judicial tribunals." Accordingly, in this case, although the probate court had original and…”
Ala. Code § 12-11-31(1): 9 cases
Neal v. Neal, 856 So. 2d 766 (Ala. 2003). “Code 1975; § 12-11-31(1) and (4), Ala. Code 1975; § 12-11-40, Ala.”
Roy Wayne Hill v. Hill, 2090130 (ala.civ.app. 12-3-2010), 89 So. 3d 116 (Ala. Civ. App. 2010). “generally Ala.Code 1975, § 12-11-31(1). In this appeal, the plaintiffs have focused entirely upon the correctness of the trial court’s ruling as to their claim that Leroy breached the alleged family-inheritance agreement by failing to convey to the children at his death the…”
Daniel v. Moye, 224 So. 3d 115 (Ala. 2016). “Section 12-11-31(1), Ala. Code 1975, provides that the jurisdiction of the circuit courts as to equitable matters extends “to all civil actions in which a plain and adequate remedy is not provided in the other judicial tribunals.”
O.S. v. E.S., 205 So. 3d 1233 (Ala. 2014). “’s independent action challenging the judgment of adoption rendered by the probate court based on the circuit court’s general equitable jurisdiction set forth in § 12-11-31, Ala.Code 1975, which states, in pertinent part: “The powers and jurisdiction of circuit courts as to…”
O.S. v. E.S., 205 So. 3d 1219 (Ala. Civ. App. 2013). “Alabama Code 1975, § 12-11-31(1), provides that the jurisdiction of the circuit courts as to equitable matters extends ‘to all civil actions in which a plain and adequate remedy is not provided in the other judicial tribunals.”
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