From any decree rendered by the probate court for the sale of real estate for the payment of taxes, the defendant in the cause or the state, in behalf of itself and the county, may appeal to the circuit court of the county within 30 days after the rendition of the decree. If the defendant appeals, he must execute a bond in double the amount of the decree, payable to the State of Alabama, with sufficient surety to be approved by the judge of probate, and conditioned that he will prosecute the appeal to effect and pay such judgment as the appellate court may render thereon; but the state shall not be required to execute any bond. The district attorney shall represent the state on such appeal, and of the pendency thereof the judge of probate must give him notice in writing; and on appeal by the state, notice thereof shall be given the defendant, as in other cases of appeal from the court to the circuit court, such appeal must be tried de novo, upon an issue made up under the direction of the court. If the defendant appeals and the issue is decided adversely to him, the court must render judgment against him and his sureties in favor of the state for the amount of the taxes, fees and costs, besides the costs of the appeal, and such judgment shall be a lien upon the lands described in the decree from which the appeal was taken, which lien with a description of the lands must be declared in the judgment.
Structure Code of Alabama
Title 40 - Revenue and Taxation.
Article 1 - General Provisions.
Section 40-10-1 - When Probate Court May Order Sale.
Section 40-10-2 - Book of Lands Upon Which Taxes Have Not Been Paid - Contents; Form of Entries.
Section 40-10-3 - Book of Lands Upon Which Taxes Have Not Been Paid - Preparation.
Section 40-10-4 - Notice to Taxpayer - Service Generally.
Section 40-10-5 - Notice to Taxpayer - When Assessment Is "Owner unknown."
Section 40-10-6 - Notice to Taxpayer - Manner of Publication.
Section 40-10-7 - Partial Payment of Taxes Prior to Sale of Property.
Section 40-10-8 - Trial of Cases; Issuance of Decree; Continuance.
Section 40-10-10 - When Deputy May Attend in Lieu of Collector.
Section 40-10-11 - Decree of Sale.
Section 40-10-12 - Notice of Sale.
Section 40-10-13 - Confirmation of Sale.
Section 40-10-14 - Description of Property in Notices and Entries.
Section 40-10-15 - How Sale Made; Duties of Judge of Probate.
Section 40-10-16 - Portion Sufficient to Satisfy Decree to Be Sold.
Section 40-10-17 - Payment by Purchaser.
Section 40-10-18 - When Property to Be Bid in for State.
Section 40-10-19 - Certificates of Purchase - Delivery; Contents.
Section 40-10-20 - Certificates of Purchase - When Land Bid in for State.
Section 40-10-21 - Certificates of Purchase - Assignments.
Section 40-10-22 - Costs - When Land Bid in for State.
Section 40-10-23 - Costs - Paid by Purchasers.
Section 40-10-24 - Officers Not to Be Interested in Purchase.
Section 40-10-25 - Appeal From Decree.
Section 40-10-26 - Payment of Judgment on Appeal.
Section 40-10-28 - Disposition of Excess Arising From Sale.
Section 40-10-29 - Deeds - Delivered to Purchaser.
Section 40-10-30 - Deeds - Signature, Acknowledgment and Effect.
Section 40-10-31 - Removal of Cloud Upon Title to Real Estate Erroneously Sold for Taxes.