§ 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 […]
§ 16-66-411. Sale of lands subject to prior liens
(a) A sale of lands under a junior judgment shall pass the title of the defendant, subject to the lien of all prior judgments and decrees then in force. (b) The money arising from the sale of lands under a junior judgment shall be applied to the payment of the judgment under which it may […]
§ 16-66-412. Sale of corporate stock — Certificates of purchase
(a) Shares or stock levied upon or seized shall be sold by the officer in the same manner as other personal property is sold under the writ by virtue of which the levy is made. The officer making the sale shall execute and deliver to the purchaser a certificate, which certificate may be in the […]
§ 16-66-413. Sale on credit
(a) (1) In all cases where the right to stay the execution exists and is not exercised, sales under the execution shall be on a credit of three (3) months, upon the purchaser’s giving bond and good security to the plaintiff in the execution for the payment of the sale money, bearing interest from date. […]
§ 16-66-414. Default of bidder
(a) If any person refuses to pay the amount bid for any property struck off to him or her, the officer making the sale may again sell the property to the highest bidder. If any loss is occasioned, the officer may recover the loss by motion before any court or justice of the peace, if […]
§ 16-66-415. Officers not to bid at sale
No officer to whom any execution may be directed, any of his or her deputies, or any person for them shall purchase any goods and chattels, real estate, or other effects at any sale made by virtue of any such execution. All purchases so made shall be void.
§ 16-66-416. Return of execution
(a) All executions shall be returnable within ninety (90) days from their date. (b) (1) If an execution is satisfied, the officer may return thereon in substance, “satisfied”, unless it is by the sale of the property, then that fact must be stated. (2) If satisfied in part, he or she must state what part […]
§ 16-66-401. Selection of property to be sold — Levy
The person against whom any execution may be issued may select what property, real or personal, shall be sold to satisfy the execution. If he or she gives to the officer a list of the property selected, sufficient to satisfy the execution, the officer shall levy upon that property and no other, if it is […]
§ 16-66-417. Executions from court with similar jurisdiction to justice of the peace — Land exempt — Procedure when returned unsatisfied
(a) Land shall not be levied on or sold under execution from a justice of the peace’s court or any court of similar jurisdiction. (b) When an execution on a judgment of a court of similar jurisdiction to the justice of the peace courts has been returned by a constable or other officer, either as […]
§ 16-66-402. Levy on real estate — Certificate of levy filed with recorder — Levy as notice to purchaser or mortgagee
(a) It shall be the duty of the sheriff, United States Marshal, or other officer levying upon any real estate under and by virtue of any writ of attachment, execution, or other process to file with the recorder of deeds of the county in which the real estate is situated a certificate of the levy […]