US Lawyer Database

§ 3151. Trustee may file bond and sell property

§ 3151. Trustee may file bond and sell property When such action is pending in the Supreme or Superior Court, the trustee may sell the property, and the purchaser shall hold the same released from the mortgage and attachment, if such trustee files with the clerk of the court: (1) a bond to the plaintiff […]

§ 3152. Mortgagee may file bond and release property

§ 3152. Mortgagee may file bond and release property When such action is pending in such a court, the trustees shall be discharged and the attachment dissolved if the mortgagee, in the manner provided in section 3151 of this title, files a bond in a sum equal to the amount for which attachment is directed […]

§ 3144. Execution against trustee; arrest

§ 3144. Execution against trustee; arrest An execution shall issue against the goods, chattels, or estate of the trustee, unless the court, upon motion and hearing, finds that the trustee did not act in good faith in taking the conveyance or title. If the court so finds, a certificate thereof shall be indorsed by the […]

§ 3145. Validity of sale or assignment may be inquired into

§ 3145. Validity of sale or assignment may be inquired into When it appears that a trustee had been notified of the sale or assignment of a demand for which he or she would otherwise be adjudged trustee, either of the parties to the trustee process may raise the question of the validity of such […]

§ 3147. Attachment of mortgagee’s interest

§ 3147. Attachment of mortgagee’s interest When a mortgagor of personal property is summoned as trustee of the mortgagee, the plaintiff may direct the officer serving the writ to attach the mortgagee’s interest in such property. The officer when so directed shall attach such interest by leaving a copy of the writ in the town […]

§ 3148. Held to satisfy execution against trustee

§ 3148. Held to satisfy execution against trustee The property so attached shall be holden to satisfy any execution issuing upon or in action on a judgment rendered against the trustee in the original action, in the same manner and to the same extent that property attached as the property of the defendant in an […]

§ 3149. Mortgagee not to sell attached property

§ 3149. Mortgagee not to sell attached property The mortgagee whose interest is so attached shall not sell or dispose of such property while the attachment is in force or while the liability of the trustee is undetermined or continues.

§ 3150. Purchaser’s title in property sold on execution

§ 3150. Purchaser’s title in property sold on execution Property so attached may be sold upon an execution issuing by reason of a judgment rendered against the trustee, either in the original action or in an action on a judgment rendered in the original action, and the title and interest of the mortgagor, mortgagee, or […]