§ 40-107 — Homestead; selection; application; filing; service

The application must be filed with the clerk of the district court, and a copy thereof, with notice of the time and place of hearing, be served upon the judgment creditor or his attorney of record and the officer making the levy at least ten days before the hearing. The hearing may be had before or at the hearing on confirmation of sale.

Legislative History

Source: Laws 1879, § 7, p. 59; R.S.1913, § 3082; C.S.1922, § 2822; C.S.1929, § 40-107; R.S.1943, § 40-107; Laws 1947, c. 153, § 3, p. 421. Annotations: Procedure for selection of homestead was in conformity with statute. Sanne v. Sanne, 167 Neb. 683, 94 N.W.2d 367 (1959).