Writ of possession or sale of personal property

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12-1223. Writ of possession or sale of personal property

A. When a partition in kind of personal property is ordered, a writ shall be issued in accordance with the judgment, commanding the sheriff or a constable of the county where the property is located to put the parties forthwith in possession of the property allotted.

B. When the property will not admit of an equitable partition, the court shall ascertain the proportion to which each owner is entitled and shall order that the property be sold. An execution shall be issued to the sheriff or constable of the county where the property is located, describing the property and commanding the officer to sell it as in cases of execution and pay over the proceeds of sale to the parties entitled thereto in the proportion ascertained by judgment of the court.


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