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).
Structure Mississippi Code
Title 85 - Debtor-Creditor Relationship
§ 85-3-1. Property exempt from seizure under execution or attachment
§ 85-3-2. Certain federal exemptions prohibited
§ 85-3-3. Execution or attachment of personal property; selection of exempt property
§ 85-3-9. Execution or attachment of personal property; replevy by defendant
§ 85-3-13. Proceeds of life insurance policy; payable to executor; limits
§ 85-3-15. Proceeds of life insurance policy; unassigned policies
§ 85-3-17. Judgment for personal injury
§ 85-3-19. Beneficiaries of deceased plaintiff take damages free from debts
§ 85-3-21. Homestead exemption; land and buildings
§ 85-3-23. Homestead exemption; land and buildings; insurance proceeds; personal property
§ 85-3-25. Homestead declaration; form; deposit with clerk of chancery court
§ 85-3-27. Homestead declaration; effect
§ 85-3-29. Homestead declaration; recording
§ 85-3-31. Homestead designated by law when not selected
§ 85-3-33. Heirs may designate homestead
§ 85-3-37. Allotment of homestead; premises not capable of division
§ 85-3-39. Allotment of homestead; how contested by plaintiff
§ 85-3-41. Allotment of homestead; how contested by defendant
§ 85-3-43. Homestead liable to debts when debtor ceases to reside thereon
§ 85-3-47. Property not exempt from execution