Section 1. All the land of a debtor in possession, remainder or reversion, all his rights of entry into land and of redeeming mortgaged land, and all such land and rights fraudulently conveyed by him with intent to defeat, delay or defraud his creditors, or purchased or directly or indirectly paid for by him but […]
Section 10. If the execution is levied at the same time upon several parcels of land, each parcel may be separately appraised, or all may be appraised together. If several parcels are taken successively on the same execution, all the parcels may be appraised by the appraisers first appointed, or appraisers may be appointed for […]
Section 11. Land levied upon, whether an entire parcel or an undivided part, and whether the debtor’s estate therein is a fee simple or a less estate, and whether it is in possession, reversion or remainder, shall be described, by metes and bounds or otherwise, with as much precision as is necessary in a deed […]
Section 12. If land is held by a debtor in joint tenancy or as a tenant in common, the share thereof belonging to the debtor may be taken on execution, and shall thereafter be held in common with the co-tenant. If the whole share of the debtor is more than sufficient to satisfy the execution, […]
Section 13. If the land levied upon cannot be divided without damage to the whole and is more than sufficient to satisfy the execution, the levy shall be made upon such undivided portion of the whole as will, in the opinion of the appraisers, satisfy the execution, and such undivided portion shall be held in […]
Section 14. A life estate may be taken and set off to the creditor like other land at the appraised value or, at the election of the creditor, the execution may be levied on the rents and profits.
Section 15. If execution is levied on rents and profits, the annual value thereof shall be determined by the appraisers, and the land shall be set off to the creditor for such time as will satisfy the execution at the rate of rents and profits as determined by the appraisers, if the life estate endures […]
Section 16. If the land levied upon is under lease to a third person, and the reversion of the whole is taken on the execution, the lessee shall pay to the creditor the rent accruing after the levy, except such part as he has paid before notice of the levy.
Section 17. If the land is under lease as aforesaid and the reversion of a part only is taken, the appraisers shall determine the portion of the whole annual rent to be paid to the creditor, and the lessee shall pay it to him.
[Text of section applicable as provided by 2010, 395, Sec. 3.] Section 18. If a judgment creditor requires an execution to be levied on property which is claimed by the debtor to be as a homestead exempt from such levy and if the officer holding such execution is of the opinion that the premises are […]
Section 19. An officer serving an execution shall deliver to the creditor or to his attorney seisin and possession of the land taken thereon, so far as the nature of the estate and the title of the debtor will admit; but if the estate taken is a remainder, reversion or right of redemption, the officer […]
Section 2. Estates tail may be taken on execution in like manner as estates in fee simple; and whoever lawfully holds such land under the execution shall have an estate in fee simple therein.
Section 20. If an execution is levied on land of which a person other than the debtor is actually seized, the officer shall deliver to the creditor or to his attorney such momentary seisin and possession thereof as will enable the creditor to maintain an action therefor upon his own seisin; but the officer shall […]
Section 21. The officer shall return the execution, with a certificate of his doings endorsed thereon, to the court to which it is returnable, and such execution and certificate shall be forthwith recorded. The officer shall also, within three months after the levy has been completed, cause the execution and return to be recorded in […]
Section 22. Such record in the registry of deeds of an execution issued by a district court, and of the levy thereon, shall be prima facie evidence of the regularity of the judgment and prior proceedings in the case.
Section 23. The return of the officer on the execution shall, in addition to the other requirements of law, set forth substantially— First, The time when the land was taken on execution; Second, Either that the appraisers were appointed by the officer, the creditor and the debtor, or that the debtor was absent from, or […]
Section 24. If the execution and return are not recorded in the registry of deeds within three months as aforesaid, the levy shall be void as against a creditor who has attached the same land or taken it on execution without notice of such levy, and also as against a purchaser in good faith for […]
Section 25. If the execution and return have not been returned or recorded as aforesaid, the levy shall be so far valid against the creditor that he shall not waive the levy and have a new execution, except as provided in section fifty.
Section 26. Land and rights mentioned in section one and rights of redeeming land sold for the payment of taxes and other assessments may, if the creditor so elects, be sold on execution as provided in the four following sections, and, after satisfying the execution with the costs and charges, the surplus proceeds of the […]
Section 27. The officer authorized to serve the execution shall make the sale by public auction to the highest bidder, and convey by deed to the purchaser all the debtor’s title to the land or rights so sold. Such deed shall, if the execution with the return thereon has been returned, be valid as against […]
