Any defendant, by appropriate plea, may put in issue the fact of indebtedness or the existence of the lien, or both, and may interpose any other defense applicable to the action; and if the court by its finding, or the jury by their verdict, as the case may be, ascertain that the plaintiff has a lien as claimed, judgment shall be entered for the amount secured thereby, interest and costs, against the party liable for the same, and establishing the lien, and condemning the property to sale for the satisfaction thereof; but if the finding or verdict is for the plaintiff only on the issue of indebtedness, a judgment shall be entered in his favor for the amount thereof as in other cases.
(Code 1886, §3034; Code 1896, §2739; Code 1907, §4770; Code 1923, §8848; Code 1940, T. 33, §52.)
Notes of Decisions
Cited in
8
cases, 1980–2014 · 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).
· cites it 3× “lement to a mechanic’s lien: Any defendant, by appropriate plea, may put in issue the fact of indebtedness or the existence of the lien, or both, and may interpose any other defense applicable to the action; and if the court by its finding, or the jury by their verdict, as the…”
United States v. Carmichael, 433 F. Supp. 2d 1259 (M.D. Ala. 2006).
· cites it 4× “In Grubbs , the Alabama Supreme Court interpreted 1975 Ala.Code § 35-11-224 to *1265 require that “liability for the debt be established and that a money judgment be entered against the debtor as a prerequisite to perfecting and enforcing the lien.”
Boyington v. Bryan, 174 So. 3d 347 (Ala. Civ. App. 2014).
“reads as follows: ‘“Any defendant, by appropriate plea, may put in issue the fact of indebtedness or the existence of the lien, or both, and may interpose any other defense applicable to the action; and if the court by its finding, or the jury by their verdict, as the case may…”
Grubbs v. Jenkins Brick Co., 571 So. 2d 1116 (Ala. Civ. App. 1989).
· cites it 4× “Code of Alabama 1975, § 35-11-224, reads as follows: “Any defendant, by appropriate plea, may put in issue the fact of indebtedness or the existence of the lien, or both, and may interpose any other defense applicable to the action; and if the court by its finding, or the jury…”
Grubbs v. Jenkins Brick Co., 571 So. 2d 1119 (Ala. 1990).
· cites it 6× “The Grubbses argue that Ala.Code 1975, § 35-11-224, required that a money judgment be entered against Wells — the party liable for the debt — as a prerequisite to perfecting and enforcing the liens and that because that was not done the trial court’s judgment for Jenkins should…”
Castleberry Constr. Co. v. Curb Specialists, Inc., 382 So. 2d 548 (Ala. 1980).
“Even though Castleberry was not made a party defendant to the action filed by Moore’s Asphalt in Shelby County until after Castleberry had filed its own suit for declaratory judgment in Jefferson County, it is unquestioned that Castleberry may interpose any defense it may have…”
Patrick Lumber Co. v. Cent. Bank of Alabama, N.A., 440 So. 2d 1100 (Ala. Civ. App. 1983).
“This is particularly true in view of the following: Section 35-11-224, Ala.Code (1975), provides that once it has been determined that the plaintiff has a lien as claimed, “judgment shall be entered for the amount secured thereby, interest and costs.”
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.