Section 42-9-36 - [Sale of attached realty after judgment for plaintiff.]

NM Stat § 42-9-36 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

If plaintiff receives judgment, any real estate belonging to defendant or right, title, estate or interest therein whether legal or equitable which has been attached may be sold to satisfy said judgment and the district court of the county in which said property is located shall upon application appoint a special master to sell the same, who shall publish notice of said sale describing the property to be sold, giving the time and place of sale, and the amount of plaintiff's judgment including interest and costs of suit.

History: Laws 1939, ch. 159, § 6; 1941 Comp., § 22-136; 1953 Comp., § 26-1-36.

Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Attachment or execution creditor as purchaser within rule that first of two purchasers to obtain possession will prevail, 21 A.L.R. 1031.

Estoppel of or waiver by parties or participants regardingirregularities or defects in execution or judicial sale, 2 A.L.R.2d 6.

7 C.J.S. Attachment §§ 281, 283.