34-19 - How excess in value set apart subjected to debts.
§ 34-19. How excess in value set apart subjected to debts.
Any creditor, against whom an exemption is claimed, may file a bill inequity, alleging that the value of the estate at the time it was set apartwas more than the amount the householder is entitled to exempt or, that byreason of permanent improvements made on the real estate after it was setapart by means derived from some source other than exempt property, the wholeestate set apart is of greater value than the amount the householder isentitled to exempt. If the court is satisfied from the proofs in the causethat the allegations of the bill are true, it shall make such decree or orderas may be necessary to subject the estate set apart, so far as it exceeds theamount the householder is entitled to exempt, to the payment of the debt ordemand of such creditor.
(Code 1919, § 6545; 1975, c. 466; 1977, c. 496; 1990, c. 942.)