Section 6-10-40 – Sale of Land and Separation of Homestead Interest From That of Alienee.
Section 6-10-40 Sale of land and separation of homestead interest from that of alienee. When the homestead, after being reduced to the lowest practicable area, exceeds $5,000 in value and the husband or wife has aliened the same by deed, mortgage, or other conveyance without the voluntary signature and assent of the spouse, shown and […]
Section 6-10-41 – Effect of Leaving Homestead Temporarily or Leasing Same.
Section 6-10-41 Effect of leaving homestead temporarily or leasing same. When a declaration of claim to a homestead exemption has been filed in the office of the judge of probate, leaving the homestead temporarily or a leasing of the same shall not operate an abandonment thereof or render it subject to levy and sale, but […]
Section 6-10-42 – When No Action Lies Against Officer Levying on Exempt Property.
Section 6-10-42 When no action lies against officer levying on exempt property. If no declaration of claim of exemption has been filed in the office of the judge of probate or if so filed and the same is contested, no action shall lie against the officer levying the process on the ground that the property […]
Section 6-10-43 – Effect of Contest on Sale of Property and Lien Thereon.
Section 6-10-43 Effect of contest on sale of property and lien thereon. When a contest of a claim of exemption has been instituted, the property in contest shall not be sold by the officer until the contest is decided, but the lien thereon under the process or levy shall not be destroyed or impaired by […]
Section 6-10-33 – Contest of Exemption Claim – Proceedings When Claim of Personalty Found Excessive.
Section 6-10-33 Contest of exemption claim – Proceedings when claim of personalty found excessive. When, on a contest of a claim of exemption to personal property, the issue is whether or not the claim is excessive and such issue is found in favor of the plaintiff, it must also be ascertained by the finding of […]
Section 6-10-34 – Contest of Exemption Claim – Proceedings When Inventory Discloses Personalty Not Embraced by Claim of Exemption.
Section 6-10-34 Contest of exemption claim – Proceedings when inventory discloses personalty not embraced by claim of exemption. When, on a contest of a claim of exemption to personal property, an inventory filed by the defendant on the plaintiff’s demand discloses other personal property owned by the defendant and subject to sale under process not […]
Section 6-10-35 – Contest of Exemption Claim – Tender of Issue by Plaintiff on Inventory Filed by Defendant; Determination Thereof.
Section 6-10-35 Contest of exemption claim – Tender of issue by plaintiff on inventory filed by defendant; determination thereof. When, on a contest of a claim of exemption to personal property, an inventory has been filed by the defendant, an issue may be tendered by the plaintiff that the defendant has other personal property subject […]
Section 6-10-36 – Contest of Exemption Claim – Assessment of Value of Property and Damages Resulting From Detention on Bond; Judgment and Execution on Bond.
Section 6-10-36 Contest of exemption claim – Assessment of value of property and damages resulting from detention on bond; judgment and execution on bond. When bond has been executed by the plaintiff or defendant for the forthcoming of the property in contest, the value of the property, and the damages resulting from its detention must […]
Section 6-10-37 – Contest of Exemption Claim – Garnishment of Money, Choses in Action or Personal Property.
Section 6-10-37 Contest of exemption claim – Garnishment of money, choses in action or personal property. When money, choses in action or personal property are garnished and the defendant claims the same, or any part thereof, as exempt, he shall file his claim thereto in writing, verified by oath, in the court in which such […]
Section 6-10-38 – Contest of Exemption Claim – Proceedings When Homestead Found to Exceed Value or Area Allowed.
Section 6-10-38 Contest of exemption claim – Proceedings when homestead found to exceed value or area allowed. (a) If, on the trial of a contest of a claim of homestead exemption, it is found that the homestead as claimed exceeds $5,000 in value (or if a husband and wife have both claimed the exemption to […]