To provide for the selection and disposition of homesteads, and to exempt the same from judgment liens, and from attachment, levy, or sale, upon execution or other process. Be it enacted by the Legislature of the State of Nebraska: fined and ex SECTION 1. A homestead not exceeding in value $2, Homestead de000, consisting of the dwelling house in which the empted. claimant resides, and its appurtenances, and the land on What selected as homestead. When not exempted. How conveyed. How selected. which the same is situated, not exceeding 160 acres of land to be selected by the owner thereof, and not in any incorporated city or village, or instead thereof at the option of the claimant, a quantity of contiguous land not exceeding two lots within any incorporated city or village, shall be exempt from judgment liens and from execution or forced sale, except as in this chapter provided. SEC. 2. If the claimant be married the homestead may be selected from the separate property of the husband, or with the consent of the wife from her separate property. When the claimant is not married but is the head of a family, within the meaning of section fifteen, the homestead may be selected from any of his or her property. SEC. 3. The homestead is subject to execution or forced sale in satisfaction of judgments obtained: 1. On debts secured by mechanics', laborers', or vendors' liens upon premises. 2. On debts secured by mortgages upon the premises, executed and acknowledged by both husband and wife, or an unmarried claimant. SEC. 4. The homestead of a married person cannot be conveyed or incumbered unless the instrument by which it is conveyed or incumbered is executed and acknowledged by both husband and wife. SEC. 5. When an execution for the enforcement of a judgment obtained in a case not within the classes enumerated in section 3, is levied upon the lands or tenements of a head of a family, such head of a family may notify the officer at the time of making the levy of what he regards as his homestead, with a description thereof, within the limits above prescribed, and the remainder alone shall be subject to such levy, except as otherwise provided in this chapter. The judgment creditor may thereupon apply to the district court in the county in which the homestead is situated, for the appointment of Appraisal. persons to appraise the value thereof. appraisers. SEC. 6. The application must be made upon a verified Application for petition showing: 1. The fact that an execution has been levied upon property which has been claimed as a homestead. 2. The name of the claimant. 3. That the value of the homestead exceeds the amount of the homestead exemption. SEC. 7. The petition must be filed with the clerk Petition. of the district court and a copy thereof with notice of the time and place of hearing be served upon the claimant at least ten days before the hearing. SEC. 8. At the hearing, the court, upon proof of the service of such petition and notice, and of the facts stated in the petition, shall appoint three disinterested residents of the county to appraise the value of the homestead, who must take an oath to impartially appraise the same. 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. Appointment praisers. SEC. 9. Within ten days, or less, if the court SO Report of aporder, from the time of their appointment, they must make to the court a report in writing, showing the appraised value, and their determination upon the matter of a division of the land claimed. SEC. 10. If from the report it appears that the land claimed can be divided without material injury, the court shall, by an order, direct the appraisers to set off to the claimant so much of the land, including the residence, not exceeding the quantity prescribed in section one of this chapter, as will amount in value to the homestead exemption, and the execution may be enforced against the remainder of the land. Homestead set 14 |