Section 56-9-43 – [Petition for relief against assignee; citation; procedure.]
Upon petition in behalf of any such person to the district court, or judge thereof in vacation, showing good cause therefor, verified by affidavit, such court or judge shall cause any assignee to be cited to appear before the court or judge at such time as may be designated, to answer the allegation of such […]
Section 56-9-44 – [Exempt property not included in assignment.]
All property, both real and personal, exempt from execution under the laws of this state shall not be conveyed by the deed of assignment, and if enumerated therein shall not pass to the assignee, but shall be reserved for the benefit of the assignor, or his family, to be set off and appraised by the […]
Section 56-9-45 – [Prior liens not affected.]
That nothing herein contained shall be so construed as to deprive any person of the benefit of any lien that may have attached to any of the assignor’s property, either at law or in equity, prior to assignment. History: Laws 1889, ch. 71, § 36; C.L. 1897, § 2862; Code 1915, § 318; C.S. 1929, […]
Section 56-9-46 – [Attachment not to issue after assignment.]
No process by attachment shall issue on behalf of any creditor of the assignor after such assignment has been duly made, as in this chapter contemplated, until a court of competent jurisdiction shall have first pronounced the assignment void, ab initio by proper suit or action brought by one or more creditors for that purpose, […]
Section 56-9-47 – [Preferences inure to benefit of all creditors alike.]
Should any preference be made in favor of any creditor, other than in this chapter provided, such preference shall inure to the benefit of all creditors alike. History: Laws 1889, ch. 71, § 38; C.L. 1897, § 2864; Code 1915, § 320; C.S. 1929, § 7-147; 1941 Comp., § 23-147; 1953 Comp., § 27-1-47. ANNOTATIONS […]
Section 56-9-48 – [Discharge; application by assignee; notice; contents of petition.]
When any assignee becomes satisfied that it is no longer advantageous to the creditors of his assignor to keep the assignment open, he may apply to the district court for a discharge from his trust, upon a notice of his intention to make such application, stating the time thereof, which notice shall be published in […]
Section 56-9-49 – [Hearing and determination of application for discharge.]
If no person interested shall, within one week after filing such petition, file written objections to such discharge, accompanied by specific reasons, the court may refer the application to some competent and reliable person to examine the merits of the application and report to the court, with all convenient speed thereon; and, upon the filing […]
Section 56-9-50 – [Appeals from final judgment.]
Appeals may be taken from the final judgment of the court, in the same manner as now provided by law, for appeals or writs of error in ordinary cases. History: Laws 1889, ch. 71, § 41; C.L. 1897, § 2867; Code 1915, § 323; C.S. 1929, § 7-150; 1941 Comp., § 23-150; 1953 Comp., § […]
Section 56-9-51 – [Bad or doubtful debts; sale or compromise; release of rights; report; notice; objections.]
Whenever it may appear to the best interest of the estate assigned, the court, or judge thereof in vacation may make an order directing the assignee to sell, compound or compromise all bad or doubtful debts upon such terms and conditions as appear proper and most beneficial to the estate; and in like manner the […]
Section 56-9-36 – [Dismissal of assignee.]
On the return of the citation, the court, or judge thereof, may require the assignee to file an inventory and to give a bond, with good and sufficient security, at any time, as he may deem reasonable, or may proceed at once to dismiss such assignee from his trust. History: Laws 1889, ch. 71, § […]