21-19-24 Hearing on appraisement--Valuations accepted unless questioned--Recitals in court order on...
Hearing on appraisement--Valuations accepted unless questioned--Recitals in court
order on appraisement.
Upon such appraisement being filed either the claimant or the creditor may
bring such matter on for hearing upon reasonable notice to be fixed by the court. Upon such hearing
the court shall determine the disputed questions of fact relevant to the debtor's right to be allowed
exemptions and evidence in the form of affidavits may be received. Valuations where disputed shall
be accepted as fixed by the appraisement, if the court approves the appraisement, which shall be
accepted as correct, unless questioned by one of the parties in which event the party questioning the
appraisement shall have the burden of showing it should not be approved. If the court disapproves
the appraisement, the court shall determine from evidence offered the valuations which are in
dispute. The court need not make any formal findings of fact or conclusions of law as to disputed
questions, but the court's order, provided for in § 21-19-26, must recite briefly the court's findings
on disputed issues.
Source: SDC 1939 & Supp 1960, § 37.4908.