No constable, except as provided by this Code, shall be authorized to levy on any real estate unless there is no personal property to be found sufficient to satisfy the debt or unless the real estate, being in the possession of the defendant, was pointed out by the defendant. In such event the constable is authorized to levy on such real estate, if in his county, and to deliver over the execution to the sheriff of the county a return of the property levied upon; and the sheriff shall proceed to advertise and sell the same as in case of levies made by himself.
(Orig. Code 1863, § 3574; Code 1868, § 3597; Code 1873, § 3645; Code 1882, § 3645; Civil Code 1895, § 5429; Civil Code 1910, § 6034; Code 1933, § 39-121.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, §§ 125, 137, 138.
9A Am. Jur. Pleading and Practice Forms, Executions, § 100.
C.J.S.- 33 C.J.S., Executions, § 135.