The Southeastern Reporter Volume 32

The Southeastern Reporter Volume 32

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...or debtor within thirty days after the return of the appraisers has been filed, the proceedings in the case shall be final: provided, that If exceptions thereto be filed by either creditor or debtor within thirty days after filing the return of said appraisers, the court out of which the process issued, upon good cause being shown, may order a reappraisement and reassignment of the homestead by other appraisers appointed by the court." Section 1995, Gen. St, appearing as section 2127, Rev. St., provides: "When thlrtjdays shall have elapsed after the filing of the return of said appraisers, setting off a homestead to any debtor according to the provisions of the preceding section, and no exceptions have been filed against such'return, or if such return has been finally heard and approved, such debtor may have such return recorded in the office of the register of mesne conveyances of the county in which the same is located; and upon such return being recorded in forty days after the proceedings have become final, the title to the homestead so set off and assigned shall be forever discharged from all debts of said debtor then existing or thereafter contracted." These are the statutory provisions bearing on the question, and we think It Is clear therefrom that, In order to assail the return of appraisers in homestead proceedings, exceptions to such return must be filed in the clerk's office within 30 days after said return has been there filed. It la of no avail to argue that personal service of the exceptions on the Judgment debtor accomplishes all the purposes of notice, and is better than mere filing. The proceedings in assigning homestead is prescribed by statute, and the statutory method is the one to be followed. more

Product details

  • Paperback | 994 pages
  • 189 x 246 x 50mm | 1,737g
  • United States
  • English
  • black & white illustrations
  • 1236907698
  • 9781236907691