Code of Alabama

Ala. Code § 6-6-545 (2026)

Costs. (Amended by Act 2026-536)

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

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AMENDED BY ACT 2026-536, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

No judgment for costs shall be had under this division against a defendant who suffers a judgment by default against him or who, in his answer, disclaims all title to, interest in, or encumbrance on the lands; but the court shall, in those cases, without further proof, adjudge that such defendant has no estate or interest in or encumbrance on such lands, or any part thereof. Any defendant who shall, by answer under oath, deny that he claims, or ever has claimed, or pretended to have any estate, interest, or encumbrance in, or upon, such lands, or any part thereof, shall be entitled to recover his costs in the action.

(Code 1896, §813; Code 1907, §5448; Code 1923, §9910; Code 1940, T. 7, §1114.)

Notes of Decisions

Cited in 1 case, 1990–1990 · leading case: Holland v. Jenkins, 567 So. 2d 1347 (Ala. 1990).

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Holland v. Jenkins, 567 So. 2d 1347 (Ala. 1990). · cites it 2× “Ala.Code 1975, § 6-6-545, provides that if a defendant in his answer disclaims any interest in the land in question (as Holland did here in his amended answer), then “the court shall .”

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