6-521. RESORT TO OTHER SECURITIES COMPELLED. Whenever any party to an action who holds a lien upon the property, or any part thereof, has other securities for the payment of the amount of such lien, the court may, in its discretion, order such securities to be exhausted before a distribution of the proceeds of sale, […]
6-522. DISTRIBUTION OF PROCEEDS. The proceeds of sale and the securities taken by the referees, or any part thereof, must be distributed by them to the persons entitled thereto, whenever the court so directs. But in case no direction be given, all of such proceeds and securities must be paid into court or deposited therein, […]
6-523. PAYMENT INTO COURT — CONTINUANCE OF ACTION. When the proceeds of the sale of any share or parcel belonging to persons who are parties to the action, and who are known, are paid into court, the action may be continued as between such parties for the determination of their respective claims thereto, which must […]
6-524. CONDUCT OF SALE — CONTENTS OF NOTICE. All sales of real property made by referees under this chapter must be made at public auction to the highest bidder, upon notice published in the manner required for the sale of real property on execution. The notice must state the terms of sale, and if the […]
6-525. TERMS OF SALE. The court must, in the order for sale, direct the terms of credit which may be allowed for the purchase-money of any portion of the premises of which it may direct a sale on credit, and for that portion of which the purchase-money is required by the provisions hereinafter contained, to […]
6-526. SECURITY FOR PURCHASE-MONEY. The referees may take separate mortgages and other securities for the whole or convenient portions of the purchase-money of such parts of the property as are directed by the court to be sold on credit for the shares of any known owner of full age, in the name of such owner; […]
6-527. COMPENSATION OF TENANTS FOR LIFE OR YEARS. The person entitled to a tenancy for life or years, whose estate has been sold, is entitled to receive such sum as may be deemed a reasonable satisfaction for such estate, and which the person so entitled may consent to accept instead thereof, by an instrument in […]
6-528. CONSENT NOT GIVEN — COMPENSATION FIXED BY COURT. If such consent be not given, filed and entered as provided in the last section, at or before a judgment of sale is rendered, the court must ascertain and determine what proportion of the proceeds of the sale, after deducting expenses, will be a just and […]
6-529. PROTECTION OF UNKNOWN PARTIES. If the persons entitled to such estate for life or years be unknown, the court must provide for the protection of their rights in the same manner, as far as may be, as if they were known and had appeared. History: [(6-529) C.C.P. 1881, sec. 515; R.S., R.C., & C.L., […]
6-530. COMPENSATION FOR CONTINGENT INTEREST. In all cases of sales when it appears that any person has a vested or contingent future right or estate in any of the property sold, the court must ascertain and settle the proportionate value of such contingent or vested right or estate, and must direct such proportion of the […]
6-531. NOTICE OF TERMS OF SALE. In all cases of sales of property the terms must be made known at the time; and if the premises consist of distinct farms or lots, they must be sold separately. History: [(6-531) C.C.P. 1881, sec. 517; R.S., R.C., & C.L., sec. 4590; C.S., sec. 7006; I.C.A., sec. 9-531.]
6-532. PURCHASE BY REFEREES AND GUARDIANS PROHIBITED. Neither of the referees, nor any person for the benefit of either of them, can be interested in any purchase; nor can a guardian of an infant party be interested in the purchase of any real property being the subject of the action, except for the benefit of […]
6-533. REPORT OF SALE. After completing a sale of the property, or any part thereof ordered to be sold, the referees must report the same to the court with a description of the different parcels of lands sold to each purchaser; the name of the purchaser; the price paid or secured; the terms and conditions […]
6-534. CONFIRMATION AND ORDER FOR CONVEYANCE. If the sale be confirmed by the court, an order must be entered directing the referees to execute conveyances and take securities pursuant to such sale, which they are hereby authorized to do. Such order may also give directions to them respecting the disposition of the proceeds of the […]
6-535. LIENHOLDERS AS PURCHASERS. When a party entitled to a share of the property, or an encumbrancer entitled to have his lien paid out of the sale, becomes a purchaser, the referees may take his receipt for so much of the proceeds of the sale as belongs to him. History: [(6-535) C.C.P. 1881, sec. 521; […]
6-536. RECORD AND EFFECT OF CONVEYANCE. The conveyances must be recorded in the county where the premises are situated, and shall be a bar against all persons interested in the property in any way, who shall have been named as parties in the action, and against all such parties and persons as were unknown, if […]
6-537. INVESTMENT OF PROCEEDS BELONGING TO UNKNOWNS OR NONRESIDENTS. When there are proceeds of sale belonging to an unknown owner, or to a person without the state, who has no legal representative within it, the same must be invested in securities at interest for the benefit of the persons entitled thereto. History: [(6-537) C.C.P. 1881, […]
6-538. INVESTMENT — WHEN MADE IN RECORDER’S NAME. When the security of the proceeds of sale is taken, or when an investment of any such proceeds is made, it must be done, except as herein otherwise provided, in the name of the recorder of the county where the papers are filed, and his successors in […]
6-539. INVESTMENT — WHEN MADE IN PARTIES’ NAMES. When security is taken by the referees on a sale, and the parties interested in such security, by an instrument in writing, under their hands, delivered to the referee, agree upon the shares and proportions to which they are respectively entitled, or when shares and proportions have […]
6-540. DUTY OF RECORDER TAKING SECURITY OR MAKING INVESTMENT. The recorder in whose name a security is taken, or by whom an investment is made, and his successors in office, must receive the interest and principal as it becomes due, and apply and invest the same as the court may direct; and must deposit with […]
