§ 9-13-171. When Defendant Bound by Sale Under Void Process
Where property is sold under void process and the proceeds are applied to valid liens against the defendant or the defendant receives the benefit thereof, he shall be bound thereby if he is present and does not object to the sale. History. Civil Code 1895, § 5472; Civil Code 1910, § 6077; Code 1933, § […]
§ 9-13-143. Rates for Legal Advertisements
The rates to be allowed to publishers for publishing legal advertisements shall be as follows: For each 100 words, not more than the sum of $10.00 for each insertion for the first four insertions; and For each subsequent insertion, not more than the sum of $9.00 per 100 words. In all cases fractional parts shall […]
§ 9-13-144. Alternate Advertising When Rates Not Agreed On
If the judge of the probate court, the sheriff, or other officer is unable to procure advertisements at the rate prescribed in Code Section 9-13-143 in a newspaper published at the county site of the county, he may have the advertisements published in any newspaper in this state having the largest general circulation in the […]
§ 9-13-145. Advertising Costs Paid in Advance; Exception When Affidavit of Indigence Filed
No sheriff or deputy sheriff shall be required to advertise the property of any defendant in execution for sale until the cost of the advertisement shall have been first paid by the plaintiff in execution, his agent, or his attorney, provided that when any such party plaintiff, or his agent or attorney for him, shall […]
§ 9-13-160. Time of Conducting Public Sale
For the purposes of this Code section, the term “public sale” means any sale, the notice of which must by law in any manner be given to the public. All public sales conducted within this state shall be between the hours of 10:00 A.M. and 4:00 P.M. eastern standard time or eastern daylight time, whichever […]
§ 9-13-161. Where and When Sales Under Execution Held; Change of Place of Public Sales by Court Order
Unless otherwise provided, sales of property taken under execution shall be made by the sheriffs or coroners only at the courthouse of the county where the levy was made on the first Tuesday in each month, between the hours of 10:00 A.M. and 4:00 P.M., and at public outcry; provided, however, that, should the first […]
§ 9-13-161.1. Holding of Sales of Personal Property at Place Other Than Courthouse; Advertisement of General Order as to Sale Location
In any county of this state having a population of 600,000 or more according to the United States decennial census of 1990 or any future such census, the chief judge of the superior court shall be authorized and empowered to provide, by general order published in the official newspaper of the county and also in […]
§ 9-13-162. Continuance of Sale From Day to Day
Any sheriff, coroner, constable, tax collector, guardian, trustee, or any other officer of this state, when selling property at public sale by virtue of any law of this state, may continue the sale from day to day until the sale is completed, provided that the trustee or other officer has given notice of the intended […]
§ 9-13-163. Sale of Perishable Property — When and by Whom Ordered; Where Held
Whenever any personal property which is of a perishable nature or liable to deteriorate from keeping or the keeping of which is attended by expense is levied on by virtue of any fi. fa., attachment, or other process, and the defendant fails to recover possession of the same and it remains in the hands of […]
§ 9-13-164. Sale of Perishable Property — Advertisement; Notice; Disposition of Proceeds
The time and place of holding a sale under Code Section 9-13-163 shall be advertised at the courthouse and at two other public places at least ten days before the day of sale. The judge or judge of the probate court may order a sale of livestock, fruit, or other personal property in a perishable […]