reglab/housing_qa huggingface dataset:
AL Code § 6-10-34 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 10 - Exemptions.|Article 1 - Exemptions From Levy and Sale Under Process.|Division 2 - Claim and Contest of Exemptions.|Section 6-10-34 - Contest of Exemption Claim - Proceedings When Inventory Discloses Personalty Not Embraced by Claim of Exemption.

Section 6-10-34Contest of exemption claim - Proceedings when inventory discloses personalty not embraced by claim of exemption. When, on a contest of a claim of exemption to personal property, an inventory filed by the defendant on the plaintiff's demand discloses other personal property owned by the defendant and subject to sale under process not embraced in the claim of exemption, the defendant, at the time of filing the inventory, shall deliver such property to the officer making the levy, who shall, whether he has returned the process or not, in case of an execution sell the property as in other cases and apply the proceeds to the satisfaction of the execution or, in case of an attachment or other mesne process, shall hold the property to await the final determination of the action. In either event, he shall make due return of the facts to the court. (Code 1886, §2530; Code 1896, §2056; Code 1907, §4183; Code 1923, §7905; Code 1940, T. 7, §648.)
AL Code § 6-10-35 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 10 - Exemptions.|Article 1 - Exemptions From Levy and Sale Under Process.|Division 2 - Claim and Contest of Exemptions.|Section 6-10-35 - Contest of Exemption Claim - Tender of Issue by Plaintiff on Inventory Filed by Defendant; Determination Thereof.

Section 6-10-35Contest of exemption claim - Tender of issue by plaintiff on inventory filed by defendant; determination thereof. When, on a contest of a claim of exemption to personal property, an inventory has been filed by the defendant, an issue may be tendered by the plaintiff that the defendant has other personal property subject to levy and sale under the process not embraced in the inventory or that the inventory discloses that the defendant has other personal property subject to levy and sale under the process not embraced in the claim of exemption which he has failed to deliver to the officer levying the process. If such issue is determined in favor of the plaintiff, the value of such property shall be ascertained and estimated in ascertaining the amount of the exemption to which the defendant is entitled and be deducted from his or her claim in contest as if such property had been selected by him or her as part of his or her exemptions. (Code 1876, §2839; Code 1886, §2531; Code 1896, §2057; Code 1907, §4184; Code 1923, §7906; Code 1940, T. 7, §649.)
AL Code § 6-10-36 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 10 - Exemptions.|Article 1 - Exemptions From Levy and Sale Under Process.|Division 2 - Claim and Contest of Exemptions.|Section 6-10-36 - Contest of Exemption Claim - Assessment of Value of Property and Damages Resulting From Detention on Bond; Judgment and Execution on Bond.

Section 6-10-36Contest of exemption claim - Assessment of value of property and damages resulting from detention on bond; judgment and execution on bond. When bond has been executed by the plaintiff or defendant for the forthcoming of the property in contest, the value of the property, and the damages resulting from its detention must be assessed by the court or jury trying the contest. If the unsuccessful party fails for 20 days after judgment to deliver the property and pay the damages as required by the condition of the bond, it shall be the duty of the sheriff to make due return of that fact; and, upon such return being made, the bond shall have the force and effect of a judgment, and execution may issue thereon against the obligors on the bond for the value of the property and the damages assessed, or either, and costs. (Code 1876, §2836; Code 1886, §2532; Code 1896, §2058; Code 1907, §4185; Code 1923, §7907; Code 1940, T. 7, §650.)
AL Code § 6-10-37 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 10 - Exemptions.|Article 1 - Exemptions From Levy and Sale Under Process.|Division 2 - Claim and Contest of Exemptions.|Section 6-10-37 - Contest of Exemption Claim - Garnishment of Money, Choses in Action or Personal Property.

Section 6-10-37Contest of exemption claim - Garnishment of money, choses in action or personal property. When money, choses in action or personal property are garnished and the defendant claims the same, or any part thereof, as exempt, he shall file his claim thereto in writing, verified by oath, in the court in which such proceedings are pending, accompanied by a statement setting forth the personal property, choses in action, and money and the location and value thereof, as required in the statement to be filed under the provisions of Section 6-10-29. Such claim the plaintiff, in person or by his agent or attorney, may contest as in cases of contest after declaration filed, and such contest shall be tried and determined as other contests of claims of exemptions are tried and determined. If the defendant has notice of the garnishment, the claim of exemption must be interposed before judgment of condemnation, but if not, such judgment shall not operate to impair or affect his claim of exemption. Notice of the garnishment must be in writing and may be given by the plaintiff or garnishee, but must be served by the sheriff at least five days before any judgment of condemnation. No claim for exemptions shall exceed the greater of the amounts authorized by the Constitution of 1901, as amended, or required by provisions of federal law. (Code 1876, §2842; Code 1886, §2533; Code 1896, §2059; Code 1907, §4186; Code 1923, §7908; Code 1940, T. 7, §651; Acts 1988, No. 88-294, p. 454, §2.)
AL Code § 6-10-39 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 10 - Exemptions.|Article 1 - Exemptions From Levy and Sale Under Process.|Division 2 - Claim and Contest of Exemptions.|Section 6-10-39 - Interposition of Homestead Claim or Other Exemptions and Defense of Contest Thereof by Spouse or Minor Children.

Section 6-10-39Interposition of homestead claim or other exemptions and defense of contest thereof by spouse or minor children. If a husband, wife or parent, entitled to a homestead or other exemption, absconds or abandons his or her family, leaves the state, is insane, is confined under a charge or conviction for felony or misdemeanor, or is under any other disability or inability, the spouse or, if there is no spouse, the minor child or children, residents of this state with the intention so to continue, shall be entitled to interpose any and all claims of homestead or other exemption which the husband, wife, or parent could have interposed; but the right to such exemptions shall continue only so long as the spouse and minor child or children, or either, shall remain bona fide residents of this state. In the event of the death of the husband, wife or parent pending any contest of a claim of homestead or other exemption, such contest may be revived in the name of the surviving spouse, if there is one, or, if there is none, in the name of the minor child or children, if there are such; but if neither a surviving spouse nor minor child is left surviving, the claim of exemption shall abate and the property ordered sold for the satisfaction of the process. No judgment of condemnation or sale shall be made under this section until the spouse or, if there is no spouse, the minor child, shall have had 20 days' written notice of the levy of the execution, to be served by the sheriff. (Code 1876, §2837; Code 1886, §2537; Code 1896, §2063; Code 1907, §4190; Code 1923, §655; Code 1940, T. 7, §655.)
AL Code § 6-10-40 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 10 - Exemptions.|Article 1 - Exemptions From Levy and Sale Under Process.|Division 2 - Claim and Contest of Exemptions.|Section 6-10-40 - Sale of Land and Separation of Homestead Interest From That of Alienee.

Section 6-10-40Sale of land and separation of homestead interest from that of alienee. When the homestead, after being reduced to the lowest practicable area, exceeds $5,000 in value and the husband or wife has aliened the same by deed, mortgage, or other conveyance without the voluntary signature and assent of the spouse, shown and acknowledged as required by law, the alienor or, if he or she fails to act, the spouse or, if there is no spouse or if he or she fails to act, their minor child or children may, by filing a complaint, have the land sold and the homestead interest separated from that of the alienee. (Code 1876, §2832; Code 1886, §2538; Code 1896, §2064; Code 1907, §4191; Code 1923, §7913; Code 1940, T. 7, §656; Acts 1980, No. 80-569, p. 879, §6.)
AL Code § 6-10-41 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 10 - Exemptions.|Article 1 - Exemptions From Levy and Sale Under Process.|Division 2 - Claim and Contest of Exemptions.|Section 6-10-41 - Effect of Leaving Homestead Temporarily or Leasing Same.

Section 6-10-41Effect of leaving homestead temporarily or leasing same. When a declaration of claim to a homestead exemption has been filed in the office of the judge of probate, leaving the homestead temporarily or a leasing of the same shall not operate an abandonment thereof or render it subject to levy and sale, but the right thereto shall remain the same as if the actual occupancy thereof had continued. (Code 1876, §2843; Code 1886, §2539; Code 1896, §2065; Code 1907, §4192; Code 1923, §7914; Code 1940, T. 7, §657.)
AL Code § 6-10-42 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 10 - Exemptions.|Article 1 - Exemptions From Levy and Sale Under Process.|Division 2 - Claim and Contest of Exemptions.|Section 6-10-42 - When No Action Lies Against Officer Levying on Exempt Property.

Section 6-10-42When no action lies against officer levying on exempt property. If no declaration of claim of exemption has been filed in the office of the judge of probate or if so filed and the same is contested, no action shall lie against the officer levying the process on the ground that the property levied on is exempt. (Code 1876, §2833; Code 1886, §2540; Code 1896, §2066; Code 1907, §4193; Code 1923, §7915; Code 1940, T. 7, §658.)
AL Code § 6-10-43 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 10 - Exemptions.|Article 1 - Exemptions From Levy and Sale Under Process.|Division 2 - Claim and Contest of Exemptions.|Section 6-10-43 - Effect of Contest on Sale of Property and Lien Thereon.

Section 6-10-43Effect of contest on sale of property and lien thereon. When a contest of a claim of exemption has been instituted, the property in contest shall not be sold by the officer until the contest is decided, but the lien thereon under the process or levy shall not be destroyed or impaired by the pendency of the contest. (Code 1876, §2835; Code 1886, §2541; Code 1896, §2067; Code 1907, §4194; Code 1923, §7916, Code 1940, T. 7, §659.)
AL Code § 6-10-67 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 10 - Exemptions.|Article 2 - Exemptions From Administration and Payment of Debts.|Division 1 - General Provisions.|Section 6-10-67 - Right to Use of Property Before Such Set aPart And to Commence or Defend Actions Thereon.

Section 6-10-67Right to use of property before such set apart and to commence or defend actions thereon. Before grant of administration and before the exempt property is set apart, the right of the surviving spouse and minor child or children, or either, to the use and benefit of such property shall be the same as if it had been set apart as exempt; and actions respecting the same may be commenced or defended by the surviving spouse or, if there is no surviving spouse, by the minor child, or children, as fully and to the same extent as if such property had been set apart as exempt from administration. (Code 1886, §2564; Code 1896, §2076; Code 1907, §4203; Code 1923, §7925; Code 1940, T. 7, §668.)
AL Code § 6-10-80 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 10 - Exemptions.|Article 2 - Exemptions From Administration and Payment of Debts.|Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.|Section 6-10-80 - Appraisers - Issuance of Commission.

Section 6-10-80Appraisers - Issuance of commission. When a decedent, who was at the time of his or her death a resident of this state, leaves surviving him a spouse and minor child or children, or either, who are bona fide residents of this state, the probate court, at the time of appointing appraisers of the estate, shall issue a commission to them, stating the names of the surviving spouse and minor child or children, or either, as the case may be, and the nature and extent of the personal property exempt in their favor, and directing the appraisers to set apart the same. (Code 1876, §2825; Code 1886, §2548; Code 1896, §2078; Code 1907, §4205; Code 1923, §7927; Code 1940, T. 7, §670.)
AL Code § 6-10-81 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 10 - Exemptions.|Article 2 - Exemptions From Administration and Payment of Debts.|Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.|Section 6-10-81 - Appraisers - Duty to Set Apart Exempt Personal Property; Return of Report.

Section 6-10-81Appraisers - Duty to set apart exempt personal property; return of report. The appraisers, as early as practicable, shall set apart the exempt personal property, having regard, as far as consistent with their duties, to the selection made by the surviving spouse or the guardian of the minor child or children, if such selection is made; estimating it at its appraised value and permitting the surviving spouse or, if there is no surviving spouse or the surviving spouse fails to act, the guardian of the minor child or children to select the same. Within 10 days thereafter, the appraisers shall return with the inventory and appraisement a report of the property so set apart, showing each item thereof and its appraised value. (Code 1886, §2549; Code 1896, §2079; Code 1907, §4206; Code 1923, §7928; Code 1940, T. 7, §671; Acts 1982, No. 82-399, p. 578, §8-102.)
AL Code § 6-10-82 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 10 - Exemptions.|Article 2 - Exemptions From Administration and Payment of Debts.|Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.|Section 6-10-82 - Appraisers - Report of Homestead Appraisement.

Section 6-10-82Appraisers - Report of homestead appraisement. The appraisers shall also appraise the homestead of the decedent occupied by the decedent at the time of death or to which the decedent was then entitled, and they shall report the appraisement thereof when the inventory and appraisement of the personal property are returned, with a full and accurate description of the same. (Code 1886, §2550; Code 1896, §2080; Code 1907, §4207; Code 1923, §7929; Code 1940, T. 7, §672; Acts 1982, No. 82-399, p. 578, §8-102.)
AL Code § 6-10-83 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 10 - Exemptions.|Article 2 - Exemptions From Administration and Payment of Debts.|Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.|Section 6-10-83 - Proceedings to Set Apart Homestead When Same Exceeds Value Allowed.

Section 6-10-83Proceedings to set apart homestead when same exceeds value allowed. When it appears from the report of the appraisers that the homestead exceeds in value $6,000, the probate court shall forthwith appoint three commissioners, who shall, as soon as practicable not exceeding 30 days after their appointment, set off and allot the homestead exempt, having regard to both the quality and value of the property and to the selection of the surviving spouse or, if there is no surviving spouse or the surviving spouse fails to act, of the guardian of the minor child or children, if there is such guardian; and, within 10 days thereafter, the commissioners shall return to the court in writing the homestead set off and allotted by them. (Code 1886, §2551; Code 1896, §2081; Code 1907, §4208; Code 1923, §7930; Code 1940, T. 7, §673; Acts 1951, No. 911, p. 1558, §1; Acts 1982, No. 82-399, p. 578, §8-102.)
AL Code § 6-10-84 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 10 - Exemptions.|Article 2 - Exemptions From Administration and Payment of Debts.|Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.|Section 6-10-84 - Proceedings on Failure of Appraisers to Set Apart Exemptions or to Appraise Homestead.

Section 6-10-84Proceedings on failure of appraisers to set apart exemptions or to appraise homestead. If, for more than 20 days after the grant of administration, the appraisers should fail to set apart the personal property exempt in favor of the surviving spouse and minor child or children, or either, or to appraise the homestead or to make the report in reference to the homestead required in Section 6-10-82, then, upon the written application of the surviving spouse or of the guardian of the minor child or children, the probate court shall appoint three commissioners who shall, as soon as practicable thereafter not exceeding 30 days, set apart the personal property exempt and appraise the homestead in the manner required of the appraisers; and, if practicable, they shall also allot and set off the homestead exemption in the manner provided in Section 6-10-83. Within 10 days thereafter they shall report to the court in writing the personal property set apart, with the value of each item thereof, and the homestead allotted and set off, with a full and accurate description of the same. If the homestead, after being reduced to its lowest practicable area, still exceeds $6,000 in value, thereby rendering it impracticable to allot and set it off, the commissioners shall report that fact. (Code 1886, §2552; Code 1896, §2082; Code 1907, §4209; Code 1923, §7931; Code 1940, T. 7, §674; Acts 1951, No. 911, p. 1558, §1.)
AL Code § 6-10-85 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 10 - Exemptions.|Article 2 - Exemptions From Administration and Payment of Debts.|Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.|Section 6-10-85 - How Exemption in Lieu of Homestead Claimed and Set Apart.

Section 6-10-85How exemption in lieu of homestead claimed and set apart. When an exemption of real estate in lieu of homestead is claimed under Section 6-10-61, a petition in writing, duly verified by oath, must be filed by, or on behalf of, the surviving spouse and minor child or children, or either, as the case may be, in the probate court having jurisdiction of the administration of the estate, setting forth the facts authorizing such exemption, describing the real estate out of which the exemption is claimed and stating its value. Thereupon the court shall appoint three commissioners who shall set off and allot the same by metes and bounds; and, within 10 days thereafter, they shall make a written report to the court of the exemption set off and allotted by them. (Code 1886, §2553; Code 1896, §2083; Code 1907, §4210; Code 1923, §7932; Code 1940, T. 7, §675.)
AL Code § 6-10-86 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 10 - Exemptions.|Article 2 - Exemptions From Administration and Payment of Debts.|Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.|Section 6-10-86 - Report of Appraisers or Commissioners - Exceptions; Notice of Time Set for Hearing Thereon.

Section 6-10-86Report of appraisers or commissioners - Exceptions; notice of time set for hearing thereon. When any homestead or other exemption has been allotted or set apart by the appraisers or by commissioners, the personal representative, surviving spouse, minor child or children, or other person in interest feeling aggrieved may, within 30 days after the making of the report, file written exceptions thereto, stating the grounds of such exceptions. Thereupon the court must fix a day for the hearing of the exceptions, of which 10 days' notice must be given by personal service, if the adverse parties reside in the state or, if they reside out of the state, by publication in some newspaper published in the county. If the exceptions are filed by the surviving spouse and minor child or children, or either, such notice must be served on the personal representative, but if filed by the personal representative or other person, the notice must be served on the surviving spouse, if there is one, or, if not and the minor children are over the age of 14 years, on them, but if they are under the age of 14 years, then on their guardian or, if there is none, on the person having the charge or custody of them. If there is no guardian, the court must appoint a guardian ad litem to represent such minor child or children. (Code 1876, §2841; Code 1886, §2554; Code 1896, §2084; Code 1907, §4211; Code 1923, §7933; Code 1940, T. 7, §676.)
AL Code § 6-10-87 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 10 - Exemptions.|Article 2 - Exemptions From Administration and Payment of Debts.|Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.|Section 6-10-87 - Report of Appraisers or Commissioners - Notice to Next of Kin of Decedent of Date Set for Hearing of Report on Exemptions.

Section 6-10-87Report of appraisers or commissioners - Notice to next of kin of decedent of date set for hearing of report on exemptions. In all cases where exemptions of real or personal property have been reported by appraisers or commissioners to the surviving spouse and minor child or children, or either, it shall be the duty of the probate judge, immediately upon the filing of the report of such appraisers or commissioners, to give 10 days' notice thereof and of the day set for the hearing of said report to the next of kin of decedent, which date of hearing shall not be less than 30 days from the filing of said report. If any of said next of kin are nonresidents of the state, said notice shall be given by publication once a week for three successive weeks in some newspaper published in the county or, if none is published in the county, by posting such notice for said length of time at the courthouse door and three other public places in the county. (Code 1923, §7934; Code 1940, T. 7, §677.)
AL Code § 6-10-88 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 10 - Exemptions.|Article 2 - Exemptions From Administration and Payment of Debts.|Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.|Section 6-10-88 - Report of Appraisers or Commissioners - Hearing and Determination on Exceptions; Proceedings When Exemption of Personalty Excessive or Insufficient.

Section 6-10-88Report of appraisers or commissioners - Hearing and determination on exceptions; proceedings when exemption of personalty excessive or insufficient. (a) On the day fixed for the hearing of such exceptions, an issue shall be made up under the direction of the court and the same shall be tried as other issues in the court are tried, the party excepting being the plaintiff on whom shall rest the burden of proof. On the hearing, the court may confirm or set aside the report, as the right may appear. (b) But if the exceptions relate to the exemption of personal property and are based on the ground that it is excessive or insufficient, the court, if the exceptions are sustained, must not set aside the report, but shall ascertain the amount of such excess or insufficiency and, if excessive, shall order the restoration to the personal representative of property sufficient in value to cure the excess, describing the same, and shall enforce such order by a writ of restitution; but, if insufficient, the court shall order the personal representative to deliver to the party, or parties thereto entitled property sufficient to make up the deficiency, and the personal representative shall forthwith obey such order and report to the court the property so delivered by him and its value. (Code 1886, §§2555, 2556; Code 1896, §§2085, 2086; Code 1907, §§4212, 4213; Code 1923, §§7935, 7936; Code 1940, T. 7, §§678, 679.)