Code of Alabama

Ala. Code § 6-6-261 (2026)

Execution Upon Judgment.

✓ official Alabama Legislature (ALISON) text, current July 2026

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If the party in whose favor the judgment is given is in possession of the property in controversy, he shall retain it or, if the property is in possession of the officer seizing it, he shall deliver it to the successful party, and a writ of execution will issue for the damages and costs of the action. If the property is in possession of the losing party, the execution shall command the sheriff to take the property in controversy and deliver it to the successful party and, if the property cannot be had, that he make the value thereof out of the goods and chattels, lands and tenements of the party and his sureties, if any, against whom the judgment is entered and shall command that he so make the damages assessed and costs of the action.

(Code 1907, §3782; Code 1923, §7393; Code 1940, T. 7, §922.)

Notes of Decisions

Cited in 2 cases, 1985–2003 · leading case: Wingard v. Little, 883 So. 2d 677 (Ala. Civ. App. 2003).

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Wingard v. Little, 883 So. 2d 677 (Ala. Civ. App. 2003). · cites it 11× “Code 1940; and § 6-6-261, Ala.Code 1975. The current codification, found at § 6-6-261, Ala.”

Jones v. Cent. Bank of the South, 466 So. 2d 932 (Ala. 1985). “Code 1975, § 6-6-261; Hairston, Detinue, Executions and Mechanics’ Liens: The Law in Alabama, § 5-4(b) (1980).”

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