US Lawyer Database

§ 16-66-421. Instrument of conveyance

(a) The officer who shall sell any real estate or lease of lands for more than three (3) years shall make the purchaser a deed, to be paid for by the purchaser, reciting the names of the parties to the execution, the date when issued, the date of the judgment, order, or decree, and other […]

§ 16-66-422. Execution of instrument conveying improvements on public land

The officer who sells any improvement on the public lands of the United States shall, at the expense of the purchaser, execute an instrument in writing reciting the sale, the payment of the purchase money, describing the improvements, and conveying to the purchaser all the right, title, interest, and claim that the debtor had in […]

§ 16-66-419. Discovery in aid of execution — Deposition

(a) In any action in the circuit courts of this state, in which judgment has been rendered against one (1) or more of the parties therein, a party in whose favor the judgment was rendered or his or her successor in interest when that interest appears of record may, in aid of the judgment or […]

§ 16-66-420. Bill of sale — Delivery of property

When the purchaser of any goods and chattels pays the purchase money, the officer selling the goods and chattels shall deliver to him or her the property and, if desired, shall execute an instrument in writing at the expense of the purchaser, testifying to the sale and payment of the purchase money, and conveying to […]

§ 16-66-405. Indemnifying bonds

(a) (1) If an officer who levies, or is required to levy, an execution upon personal property, doubts whether it is subject to execution, he or she may give to the plaintiff therein, or his or her agent or attorney, notice that an indemnifying bond is required. (2) Bond may, thereupon, be given by or […]

§ 16-66-406. Forthcoming bond by owner — Default

(a) (1) The owner of personal estate taken in execution may give to the officer levying on the personal estate an obligation, with good surety, to have the property forthcoming at the time and place of sale, specifying in the obligation each article of property and its value. (2) The obligation may be in substance […]

§ 16-66-407. Expiration of term, death, etc., of officer after levy

(a) Where an officer has levied upon any goods and chattels, real estate, or other effects, by virtue of any execution, and the term of service of the officer expires and is terminated before or after the sale thereof, and before the purchaser has obtained a deed therefor, the officer shall nevertheless have power to […]

§ 16-66-408. Notice of sale of real and personal property — Advertisement

(a) The time and place of sale of real property upon execution, by virtue of a judgment, or order of sale, must be advertised for at least twenty (20) days, next before the day of sale by posting printed advertisements at the courthouse door and five (5) other public places in the county in which […]

§ 16-66-409. Time and method of sale

(a) All property taken in execution by any officer shall be exposed to sale on the day for which it was advertised, between the hours of 9:00 a.m. and 3:00 p.m., publicly, by auction, for ready money, and the highest bidder shall be the purchaser. (b) (1) The sale of real estate is not required […]

§ 16-66-410. Sale of real estate — Division into tracts

(a) In all sales of real estate, under execution, when the tract or tracts to be sold contain more than forty (40) acres, the real estate shall be divided as the owner or owners may direct into lots containing not more than forty (40) nor less than twenty (20) acres. The officer whose duty it […]