Such actions, when brought in the circuit court, shall be commenced by summons and complaint. The complaint shall contain a description of the property on which the lien is claimed, and shall allege the facts necessary to entitle the plaintiff to the lien and the enforcement thereof; in all other respects, the pleadings, practice, and proceedings shall be the same as in ordinary civil actions.
(Code 1876, §3446; Code 1886, §3029; Code 1896, §2734; Code 1907, §4765; Code 1923, §8843; Code 1940, T. 33, §49.)
Notes of Decisions
Cited in
5
cases, 1990–2008 · leading case:
In Re Cook, 384 B.R. 282 (Bankr. N.D. Ala. 2008).
In Re Cook, 384 B.R. 282 (Bankr. N.D. Ala. 2008).
“§ 35-11-222. 10 . See, Home Fed. Sav. & Loan Ass'n v.”
Peoples Bank v. SAIIA Constr., LLC, 342 B.R. 630 (N.D. Ala. 2006).
· cites it 4× “Mechanic’s liens are creatures spawned by state law and brought to fruition as claims secured by an interest in real property under Alabama Code § 35-11-222 exclusively in the state courts.”
Haskew v. Green, 571 So. 2d 1029 (Ala. 1990).
“Haskew sued the Greens to perfect a materialman's lien, pursuant to Code 1975, § 35-11-222, and for breach of contract to recover the cost of his work, labor, and materials furnished.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.