As Amended
SEC. 85-3-37. Allotment of homestead; premises not capable of division.
If the premises be not capable of being so divided as to set off the debtor a part, including the dwelling house and not exceeding Seventy-five Thousand Dollars ($75,000.00) in value, inclusive of improvements, or if the debtor has made a valid homestead declaration, and the homestead exceeds Seventy-five Thousand Dollars ($75,000.00) in value, the householders or freeholders shall value the land, inclusive of the dwelling house and buildings; and if the surplus of the valuation, over and above the exempt value, shall, within sixty (60) days, be paid by the execution-debtor, the premises shall not be sold; but if the surplus be not paid within sixty (60) days after the valuation, the officer may advertise and sell the premises, if the same shall bring a greater sum than the exempt value; and out of the proceeds of the sale he shall pay to the execution-debtor the sum of Seventy-five Thousand Dollars ($75,000.00).
SOURCES: Codes, 1857, ch. 61, art. 283; 1871, Sec. 2137, 1880, Sec. 1252; 1892, Sec. 1977; 1906, Sec. 2153; Hemingway's 1917, Sec. 1828; 1930, Sec. 1772; 1942, Sec. 324; Laws, 1970, ch. 323, Sec. 6; 1979, ch. 447, Sec. 6; 1991, ch. 479, Sec. 6, eff from and after July 1, 1991.