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 6-10-93 – Confirmation of Reports When No Exceptions Filed.
Section 6-10-93 Confirmation of reports when no exceptions filed. If no exceptions are filed to the report of the appraisers under the provisions of this division or to the report allotting or setting apart any homestead or other exemption within the time allowed for filing such exceptions, a decree must be entered confirming the report […]
Section 6-10-121 – How Made – Personalty.
Section 6-10-121 How made – Personalty. As to personal property, the waiver may be made by a separate instrument in writing, subscribed by the party making the same, or it may be included in any bond, bill of exchange, promissory note, or other written contract executed by him or her. (Code 1876, §§2847, 2848; Code […]
Section 6-11-23 – No Presumption of Correctness; Court to Conduct Hearings; Admissible Relevant Evidence; Trial Court to Independently Reassess Award of Punitive Damages.
Section 6-11-23 No presumption of correctness; court to conduct hearings; admissible relevant evidence; trial court to independently reassess award of punitive damages. (a) No presumption of correctness shall apply as to the amount of punitive damages awarded by the trier of the fact. (b) In all cases wherein a verdict for punitive damages is awarded, […]
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 6-10-94 – Reduced Homestead Incapable of Allotment – Possession by Surviving Spouse and Minor Children Until Sold, Etc.
Section 6-10-94 Reduced homestead incapable of allotment – Possession by surviving spouse and minor children until sold, etc. When the homestead, after being reduced to its lowest practicable area, still exceeds $6,000 in value and no exemption in lieu of homestead has been obtained, the surviving spouse and minor child or children, or either, may […]
Section 6-10-122 – How Made – Homestead.
Section 6-10-122 How made – Homestead. As to the homestead, the waiver must be by a separate instrument in writing, subscribed by the party making the same and attested by one witness. If such party is a married man, such waiver shall not be valid without the voluntary signature and assent of the wife and […]
Section 6-11-24 – No Presumption of Correctness to Apply to Damages on Appeal.
Section 6-11-24 No presumption of correctness to apply to damages on appeal. (a) On appeal, no presumption of correctness shall apply to the amount of punitive damages awarded. (b) The appellate court shall independently reassess the nature, extent and economic impact of such an award and reduce or increase the award if appropriate in light […]
Section 6-10-67 – Right to Use of Property Before Such Set aPart And to Commence or Defend Actions Thereon.
Section 6-10-67 Right to use of property before such set apart and to commence or defend actions thereon. Before grant of administration and before the exempt property is set apart, the right of the surviving spouse and minor child or children, or either, to the use and benefit of such property shall be the same […]
Section 6-10-95 – Reduced Homestead Incapable of Allotment – Sale – When Allowed.
Section 6-10-95 Reduced homestead incapable of allotment – Sale – When allowed. The homestead of a decedent may be sold by order of the court having jurisdiction of the estate, on petition of executor or administrator, when the same, after being reduced to its lowest area, exceeds $6,000 in value and when it is necessary […]