Section 39-6-2 – [Effect of filing, noting, indexing, copy of writ.]
Such process, when so filed, noted and indexed, shall have all the binding force as a lien upon said livestock, as if the same had been levied against said livestock upon the range and the officer had taken possession of the same. Upon the next roundup after such levy, and at all times after such […]
Section 39-6-3 – [Disposing of or killing livestock levied upon; larceny; penalty.]
After the filing, noting and indexing of such process in the office of the county clerk, as aforesaid, if any person or persons, including the defendant or defendants in such process, shall sell, drive away, dispose of or kill or butcher any of said livestock so levied upon, or shall attempt to sell, drive away, […]
Section 39-6-4 – [Sale of stock levied upon; recording satisfaction of writ.]
Any livestock taken under any process, as provided in the foregoing section [sections] [39-6-1 to 39-6-3 NMSA 1978], shall be disposed of by the sheriff, or officer, as provided by law: provided, that in the case of a levy of a writ of execution, under the three preceding sections [39-6-1 to 39-6-3 NMSA 1978], the […]
Section 39-5-14 – [Reoffer of unsold property; costs; revaluation.]
Whenever any property levied upon remains unsold for want of buyers, the plaintiff may cause the same to be reoffered at any time before the return day of the execution, at his cost, as often as he may direct, but in case of the sale of the property, the costs of such offer and sale […]
Section 39-5-15 – [Foreclosure; lien claimed by deceased; making unknown heirs and devisees parties defendant.]
In all actions brought for the foreclosure of any real estate mortgage or deed of trust where the plaintiff alleges in his complaint that any person who is now deceased, during his lifetime, claimed a lien upon the real estate described in said mortgage or trust deed and further alleges either that there has been […]
Section 39-5-16 – Foreclosure after March 15; growing crops.
In cases of mortgage foreclosures of property on which there is a growing crop and when the proceeding has been commenced after March 15 of any year, the mortgagor shall not be dispossessed by any means whatsoever until the crop has been fully harvested, and the mortgagor shall be entitled to retain the crops; provided, […]
Section 39-5-17 – Time for sale under judgment or decree of foreclosure; avoidance of sale.
No real property shall be sold under any judgment or decree of court foreclosing any mechanic’s or materialman’s lien, mortgage, mortgage deed, trust deed or any other written instrument which may operate as a mortgage, until thirty days after the date of entry thereof, within which time the then owner of the real estate, his […]
Section 39-5-8 – [Appraiser failing to act.]
In case any appraiser shall fail to act or to complete such valuation, another shall be chosen in his stead as above provided. History: Laws 1856-1857, p. 66; C.L. 1865, ch. 34, § 24; C.L. 1884, § 2174; C.L. 1897, § 3122; Code 1915, § 2205; C.S. 1929, § 46-116; 1941 Comp., § 21-208; 1953 […]
Section 39-5-9 – [Schedule of property.]
The sheriff shall furnish the appraisers with a schedule of the property levied on with the encumbrances made known to him, and they shall proceed to fix, and set down opposite to each tract, lot or parcel of real estate, the cash value, deducting liens and encumbrances, which schedule shall be returned to the sheriff. […]
Section 39-5-10 – [No duty to ascertain amount of liens.]
It shall not be the duty of the sheriff or appraisers to ascertain the amount of liens or encumbrances, but either party may furnish the sheriff with a list thereof, with the amount and nature of each. History: Laws 1856-1857, p. 66; C.L. 1865, ch. 34, § 25; C.L. 1884, § 2176; C.L. 1897, § […]