§ 9-13-55. Seizure Prerequisite to Sale of Personalty
To authorize a sale of personal property there shall be an actual or constructive seizure. History. Orig. Code 1863, § 2581; Code 1868, § 2583; Code 1873, § 2625; Code 1882, § 2625; Civil Code 1895, § 5452; Civil Code 1910, § 6057; Code 1933, § 39-1310.
§ 9-13-56. Future Interests in Personalty
A future interest in personalty may not be seized and sold but the lien of judgments shall attach thereto so as to prevent alienation before the right to present possession accrues. History. Orig. Code 1863, § 2581; Code 1868, § 2583; Code 1873, § 2625; Code 1882, § 2625; Civil Code 1895, § 5452; Civil […]
§ 9-13-57. Choses in Action
Choses in action are not liable to be seized and sold under execution, unless made so specially by statute. History. Orig. Code 1863, § 3501; Code 1868, § 3524; Code 1873, § 3582; Code 1882, § 3582; Civil Code 1895, § 5353; Civil Code 1910, § 5948; Code 1933, § 39-113.
§ 9-13-58. Corporation’s Disclosure of Worth of Defendant’s Shares Mandated; Refusal Treated as Contempt
Upon demand by any sheriff, constable, or other levying officer having in his hands any execution against any person who is the owner of any shares of stock of a bank or corporation upon the president, superintendent, manager, or other officer having access to the books of the bank or corporation, the president, superintendent, manager, […]
§ 9-13-59. What Property Liable to Execution in Action Against Joint Contractors or Partners When Not All Served
Where, in an action against two or more joint contractors, joint and several contractors, or partners, service is perfected on only part of the contractors or partners and the officer serving the writ returns that the others are not to be found, the judgment obtained shall bind, and execution may be levied on, the joint […]
§ 9-13-60. Taking Up of Debt to Give Defendant Legal Title to Property; Notice of Levy and Sale; Application of Proceeds
Where any person other than the vendor or other than the holder or assignee of the purchase money or secured debt has a judgment against a defendant in execution who does not hold legal title to property but has an interest or equity therein, such plaintiff in execution may take up the debt necessary to […]
§ 9-13-50. Designation by Defendant of Property to Be Levied On; When Sheriff Bound Thereby
The defendant in execution shall be at liberty to point out what part of his property he may think proper to be levied on, which property the sheriff or other officer shall be bound to take and sell first if the same is, in the opinion of the levying officer, sufficient to satisfy the judgment […]
§ 9-13-51. Sale of Property Subject to Lien; Order of Application to Payment
Where property is subject to a lien and part of it is sold by the debtor, the part remaining shall be first applied to the payment of the lien. If the property subject to the lien is sold in several parcels at different times, the parcels shall be charged in the inverse order of their […]
§ 9-13-52. When Sheriff May Levy on and Sell Land Outside County
A sheriff or other levying officer shall not sell land outside the county in which he is sheriff or such officer except when the defendant in execution owns a tract or tracts of land divided by the line of the county of his residence, in which case the land may be sold in the county […]
§ 9-13-53. When Constable May Levy on Land; Sale by Sheriff
No constable, except as provided by this Code, shall be authorized to levy on any real estate unless there is no personal property to be found sufficient to satisfy the debt or unless the real estate, being in the possession of the defendant, was pointed out by the defendant. In such event the constable is […]