(a) Any creditor of an insolvent estate, whose claim is not barred, may bring a civil action against any person who has received any dividend of such estate and may recover from him such an amount of the dividend he has received as shall be in the same proportion thereto as the claim of the plaintiff bears to the debts of the estate distributed, including the claim of the plaintiff.
(b) But, in such action, the defendant may reduce the recovery, by showing that such dividend has been reduced by the recovery or payment of the claims of other creditors of such estate in the like proportion.
(c) In such action, the plaintiff must pay the costs, unless he proves that he has exhibited his claim and demanded of the defendant his proportion of the dividend received by him before the commencement of the action.
Structure Code of Alabama
Title 43 - Wills and Decedents' Estates.
Chapter 2 - Administration of Estates.
Article 19 - Insolvent Estates.
Division 3 - Filing and Allowing Claims Against Insolvent Estates.
Section 43-2-740 - Time and Manner of Filing Claims - Generally.
Section 43-2-742 - Time and Manner of Filing Claims - Claims Verified in Another State.
Section 43-2-743 - Time and Manner of Filing Claims - Claims Verified in Foreign Country.
Section 43-2-744 - Receipt for Claim; Endorsement by Judge.
Section 43-2-745 - Claims Docket.
Section 43-2-746 - When Claim Allowed Without Further Proof.
Section 43-2-747 - Objections.
Section 43-2-748 - Allowance of Due Part of Claim.
Section 43-2-749 - Debt Not Due.
Section 43-2-750 - Claim Allowed After Partial Distribution.