40-112. Indivisible homestead; sale; proceeds; disposition.

If the sale is made, the proceeds thereof, to the amount of the homestead exemption, must be paid to the claimant, and the balance applied to the satisfaction of the execution.

Source:Laws 1879, § 12, p. 60; R.S.1913, § 3087; C.S.1922, § 2827; C.S.1929, § 40-112; R.S.1943, § 40-112.

Annotations

Sheriff's deed on execution sale of homestead passes title to purchaser, where homestead interest is extinguished by mortgage thereof. Hess v. Eselin, 110 Neb. 590, 194 N.W. 469 (1923).