Section 11-312 – FAILURE OF TITLE — REVIVAL OF JUDGMENT.
11-312. FAILURE OF TITLE — REVIVAL OF JUDGMENT. If the purchaser of real property sold on execution, or his successor in interest, be evicted therefrom in consequence of irregularities in the proceedings concerning the sale, or of the reversal or discharge of the judgment, he may recover the price paid, with interest, from the judgment […]
Section 11-313 – CONTRIBUTION BETWEEN JOINT DEBTORS.
11-313. CONTRIBUTION BETWEEN JOINT DEBTORS. When upon an execution against several persons more than a due proportion of the judgment is satisfied out of the proceeds of the sale of the property of one of them, or one of them pays, without a sale, more than his proportion, he may compel contribution from the others; […]
Section 11-310 – TITLE TO REAL PROPERTY — RIGHT OF REDEMPTION — CERTIFICATE OF SALE.
11-310. TITLE TO REAL PROPERTY — RIGHT OF REDEMPTION — CERTIFICATE OF SALE. Upon a sale of real property the purchaser is substituted to, and acquires all the right, title, interest and claim of the judgment debtor thereto; and all his right, title, interest and claim thereto at any time during any subsisting lien thereon […]
Section 11-311 – EXECUTION OF DEED BY SUCCESSOR IN OFFICE.
11-311. EXECUTION OF DEED BY SUCCESSOR IN OFFICE. When the sheriff who has sold any real estate shall die, resign, be removed from office, or his term of office expire, before executing any good and sufficient deed for such real estate, such deed may be executed by the successor in office of such sheriff with […]
Section 11-301 – EXECUTION OF WRIT.
11-301. EXECUTION OF WRIT. The sheriff must execute the writ against the property of the judgment debtor by levying on a sufficient amount of property if there be sufficient; collecting or selling the things in action, and selling the other property, and paying to the plaintiff or his attorney so much of the proceeds as […]
Section 11-302 – SALE OF PROPERTY — NOTICE.
11-302. SALE OF PROPERTY — NOTICE. Before the sale of the property on execution, notice thereof must be given as follows: 1. In case of perishable property, by posting a written notice of the time and place of sale in three (3) public places of the precinct or city where the sale is to take […]
Section 11-303 – SALE WITHOUT NOTICE — PENALTY.
11-303. SALE WITHOUT NOTICE — PENALTY. An officer selling without the notice prescribed by the last section forfeits $500 to the aggrieved party, in addition to his actual damages; and a person wilfully taking down or defacing the notice posted, if done before the sale or the satisfaction of the judgment (if the judgment be […]
Section 11-304 – CONDUCT OF SALE.
11-304. CONDUCT OF SALE. All sales of property under execution must be made at auction, to the highest bidder. After sufficient property has been sold to satisfy the execution, no more can be sold. Neither the officer holding the execution nor his deputy can become a purchaser, or be interested in any purchase, at such […]
Section 11-305 – REFUSAL TO PAY PURCHASE-MONEY — RESALE.
11-305. REFUSAL TO PAY PURCHASE-MONEY — RESALE. If a purchaser refuses to pay the amount bid by him for property struck off to him at a sale under execution, the officer may again sell the property at any time to the highest bidder, and if any loss be occasioned thereby, the officer may recover the […]
Section 11-306 – REFUSAL TO PAY PURCHASE-MONEY — REJECTION OF SUBSEQUENT BIDS.
11-306. REFUSAL TO PAY PURCHASE-MONEY — REJECTION OF SUBSEQUENT BIDS. When a purchaser refuses to pay the officer may, in his discretion, thereafter reject any subsequent bid of such person. History: [(11-306) C.C.P. 1881, sec. 446; R.S., R.C., & C.L., sec. 4486; C.S., sec. 6926; I.C.A., sec. 8-306.]