Code of Alabama
Ala. Code § 8-9-3 (2026)
Sufficiency of Note of Contract - Memorandum of Auctioneer.
✓ official Alabama Legislature (ALISON) text, current July 2026
When lands, tenements, or hereditaments are sold or leased at public auction and the auctioneer, his clerk or agent makes a memorandum of the property and the price thereof at which it is sold or leased, the terms of sale, the name of the purchaser, or lessee and the name of the person on whose account the sale or lease is made, such memorandum is a note of the contract within the meaning of Section 8-9-2.
(Code 1852, §1552; Code 1867, §1863; Code 1876, §2122; Code 1886, §1733; Code 1896, §2153; Code 1907, §4290; Code 1923, §8035; Code 1940, T. 20, §4.)
Notes of Decisions
Cited in 2
cases, 1996–1997 · leading case: Cottrell v. United States (In Re Cottrell), 213 B.R. 378 (Bankr. M.D. Ala. 1996).
Cottrell v. United States (In Re Cottrell), 213 B.R. 378 (Bankr. M.D. Ala. 1996). “Plaintiff further states that such “memorandum of the sale” pursuant to Alabama Code § 8-9-3, is the Deed of Foreclosure which, in the instant proceeding was filed on May 17, 1996, seven days after the Plaintiff filed Chapter 13.”
Cottrell v. United States (In Re Cottrell), 213 B.R. 33 (M.D. Ala. 1997). “” Section 8-9-3 further provides: "When lands, tenements, or hereditaments are sold or leased at public auction and the auctioneer, his clerk or agent makes a memorandum of the property and the price thereof at which it is sold or leased, the terms of sale, the name of the…”
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