If from the evidence it appears that the land upon which the execution has been levied cannot be divided, the court shall, unless a sale has already been held, make an order directing the sale of the land under the execution; but at such sale no bid must be received unless it exceeds the amount of the homestead exemption. Where a sale has already been held, the proceeds of sale to an amount equaling the homestead exemption shall be set off to the judgment debtor as exempt, and the balance distributed as provided by order of the court.

Source

  • Laws 1879, § 11, p. 60;
  • R.S.1913, § 3086;
  • C.S.1922, § 2826;
  • C.S.1929, § 40-111;
  • R.S.1943, § 40-111;
  • Laws 1947, c. 153, § 6, p. 422.

Terms Used In Nebraska Statutes 40-111

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.