§ 9-13-170. Liability for Purchase Money; Officer’s Collection Options
Any person who becomes the purchaser of any real or personal property at any sale made at public outcry by any executor, administrator, or guardian or by any sheriff or other officer under and by virtue of any execution or other legal process, who fails or refuses to comply with the terms of the sale […]
§ 9-14-7. Return Day for Writ
The return day of the writ of habeas corpus in civil cases shall always be within 20 days after the presentation of the petition therefor. The return day of the writ in criminal cases shall always be within eight days after the presentation of the petition therefor. History. Orig. Code 1863, § 3914; Code 1868, […]
§ 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, § […]
§ 9-14-8. Service of Writ
The writ of habeas corpus shall be served by delivery of a copy thereof by any officer authorized to make a return of any process or by any other citizen. The entry of the officer or the affidavit of the citizen serving the writ shall be sufficient evidence of the service. The person serving the […]
§ 9-13-172. When Execution Sale Set Aside
Courts shall have full power over their officers making execution sales. Whenever the court is satisfied that a sale made under process is infected with fraud, irregularity, or error to the injury of either party, the court shall set aside the sale. History. Civil Code 1895, § 5427; Civil Code 1910, § 6032; Code 1933, […]
§ 9-14-9. When Warrant for Arrest of Person Detained to Be Issued Along With Writ
If the affidavit of the applicant to the effect that he has reason to apprehend that the party detaining or holding another in custody will remove him beyond the limits of the county or conceal him from the officers of the law is filed with the petition, the judge granting the writ shall at the […]
§ 9-13-172.1. “Eligible Sale” Defined; Recision of Sale; Damages
As used in this Code section, “eligible sale” means a judicial or nonjudicial sale that was conducted in the usual manner of a sheriff’s sale and that was rescinded by the seller within 30 days after the sale but before the deed or deed under power has been delivered to the purchaser. Upon rescission of […]
§ 9-13-173. Effect of Judicial Sale on Title
A sale regularly made by virtue of judicial process issuing from a court of competent jurisdiction shall convey the title as effectually as if the sale were made by the person against whom the process was issued. History. Orig. Code 1863, § 2575; Code 1868, § 2577; Code 1873, § 2619; Code 1882, § 2619; […]
§ 9-13-174. When Sheriff’s Successor Empowered to Make Titles
If a sheriff fails to make titles to a purchaser, his successor in office may make them in the same manner as if he had sold the property. History. Laws 1799, Cobb’s 1851 Digest, p. 576; Code 1863, § 2583; Code 1868, § 2585; Code 1873, § 2627; Code 1882, § 2627; Civil Code 1895, […]
§ 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 […]