Section 55-1107 – APPRAISAL.
55-1107. APPRAISAL. They must view the premises and appraise the value thereof, and if the appraised value exceeds the homestead exemption, they must determine whether the land claimed can be divided without material injury. History: [(55-1107) 1863, p. 575, sec. 3; R.S., sec. 3049; reen. R.C. & C.L., sec. 3187; C.S., sec. 5451; I.C.A., sec. […]
Section 55-1108 – REPORT OF APPRAISERS.
55-1108. REPORT OF APPRAISERS. Within ten (10) days after their appointment they must make to the judge a report in writing, which report must show the appraised value and their determination upon the matter of a division of the land claimed. History: [(55-1108) 1863, p. 575, sec. 3; R.S., sec. 3050; reen. R.C. & C.L., […]
Section 55-1109 – ORDER SETTING ASIDE EXEMPT PORTION.
55-1109. ORDER SETTING ASIDE EXEMPT PORTION. If, from the report, it appears to the judge that the land claimed can be divided without material injury, he must, by an order, direct the appraisers to set off to the claimant so much of the land, including the residence, as will amount in value to the homestead […]
Section 55-1110 – ORDER FOR SALE OF PREMISES.
55-1110. ORDER FOR SALE OF PREMISES. If, from the report, it appear to the judge that the land claimed exceeds in value the amount of the homestead exemption, and that it can not be divided, he must make an order directing its sale under the execution. History: [(55-1110) 1863, p. 575, sec. 3; R.S., sec. […]
Section 55-1111 – BID MUST EXCEED EXEMPTION.
55-1111. BID MUST EXCEED EXEMPTION. At such sale no bid must be received unless it exceeds the amount of the homestead exemption. History: [(55-1111) 1863, p. 575, sec. 3; R.S., sec. 3053; reen. R.C. & C.L., sec. 3191; C.S., sec. 5455; I.C.A., sec. 54-1111.]
Section 55-1112 – DISPOSAL OF PROCEEDS OF SALE.
55-1112. DISPOSAL OF PROCEEDS OF SALE. If the sale is made, the proceeds thereof, to the amount of the homestead exemption, must be paid to the claimant, and the balance applied to the satisfaction of the execution. History: [(55-1112) 1863, p. 575, sec. 3; R.S., sec. 3054; reen. R.C. & C.L., sec. 3192; C.S., sec. […]
Section 55-1113 – EXEMPTION OF PROCEEDS OF SALE.
55-1113. EXEMPTION OF PROCEEDS OF SALE. The money paid to the claimant is entitled, for the period of six (6) months thereafter, to the same protection against legal process and the voluntary disposition of the husband, which the law gives to the homestead. History: [(55-1113) 1863, p. 575, sec. 3; R.S., sec. 3055; reen. R.C. […]
Section 55-1114 – COMPENSATION OF APPRAISERS.
55-1114. COMPENSATION OF APPRAISERS. The court must fix the compensation of the appraisers, not to exceed five dollars ($5.00) per day each for the time actually engaged. History: [(55-1114) R.S., sec. 3056; reen. R.C. & C.L., sec. 3194; C.S., sec. 5458; I.C.A., sec. 54-1114.]
Section 55-1115 – COSTS OF PROCEEDINGS.
55-1115. COSTS OF PROCEEDINGS. The execution creditor must pay the costs of these proceedings in the first instance; but if the appraised value exceeds the homestead exemption the amount so paid must be added as costs on execution, and collected accordingly. History: [(55-1115) R.S., sec. 3057; reen. R.C. & C.L., sec. 3195; C.S., sec. 5459; […]
Section 55-1103 – FILING OF APPLICATION.
55-1103. FILING OF APPLICATION. The petition must be filed with the clerk of the district court. History: [(55-1103) R.S., sec. 3045; reen. R.C. & C.L., sec. 3183; C.S., sec. 5447; I.C.A., sec. 54-1103; am. 2012, ch. 20, sec. 26, p. 74.]