34-25 - When homestead waived judgments and executions to so state.
§ 34-25. When homestead waived judgments and executions to so state.
Whenever a judgment or decree is rendered on an instrument waiving thehomestead or upon a demand against which the homestead cannot be claimed thecourt shall include in its judgment or decree words to the following effect,as the case may be: "Upon an instrument waiving the homestead," or "upon aclaim against which the homestead cannot be demanded." This statement shallbe endorsed upon the executions issued upon such judgments or decrees. In anyaction or suit when it is not apparent from the face of the pleadings thatthe demand is not subject to the homestead exemption the plaintiff shall nothave the benefit of the foregoing provision of this section unless in hisdeclaration he alleges that his demand is not subject to such homesteadexemption. But no presumption of nonwaiver or that the judgment or decree wasrendered upon a demand against which homestead could be claimed is to bedrawn from the silence of any judgment, execution or decree on the mattersprovided for by this section.
(Code 1919, § 6551.)