§ 6-10-97 — Reduced Homestead Incapable of Allotment - Sale - Proceedings When No Bid in Excess of $6,000 Received

Alabama § 6-10-97

• Jurisdiction: Alabama
• Title 6: Civil Practice
• Ch. 10: Exemptions
• Art. 2: Exemptions from Administration and Payment of Debts
• Div. 2: Setting Apart Exemptions to Surviving Spouse and Minor Children

Text

(a) If, at such sale or any subsequent sale, no bid in excess of $6,000 is received, the representative must report that fact to the court; and thereupon the court must make an order directing the report to lie over 30 days, during which time any person interested in the sale may file written exceptions attacking the fairness of the sale, stating the grounds of such exceptions. Upon the filing of such exceptions, a day must be appointed to hear the same, 10 days’ notice thereof given and other proceedings had as provided in this division for the hearing of exceptions to a report allotting homestead, so far as such provisions are applicable.
(b) If, on the hearing of such exceptions, the court is satisfied from the evidence that the failure to obtain a bid of more than $6,000 was due to a want of fairness in the conduct of the sale or to fraud or collusion thereat, an order must be made directing a resale of such homestead, but if no exceptions are filed and sustained to such report, the court must make an order revoking the order of sale of the homestead and setting apart such homestead to the surviving spouse and minor child or children, or either, as the case may be.

Legislative History

(Code 1896, §§2095, 2096; Code 1907, §§4222, 4223; Code 1923, §§7946, 7947; Code 1940, T. 7, §§692, 693; Acts 1951, No. 911, p. 1558, §1.)