Execution; Irregular Sale; Taking Down or Defacement of Notice; Liability; Irregularities Not to Invalidate.

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Sec. 6054.

(1) Any officer who sells any real estate, without the previous notice herein directed, or otherwise than in the manner herein prescribed, shall be liable therefor to the party injured, in the sum of $500.00 damages, in addition to any actual damages which such party may prove on the trial of an action brought for the recovery of the same.

(2) If any person takes down or defaces any notice of a sale of real estate, put up by any officer, previous to the day of sale therein specified, unless upon satisfaction of the execution by virtue of which such notice shall have been given, or upon the consent of the party suing out such execution, and of the defendant therein, such person shall be liable therefor to the party in whose favor such execution was issued, in the sum of $50.00 damages.

(3) The omission of any officer to give the notice of sale required in this chapter, or the taking down or defacing any such notice when put up, does not affect the validity of any sale made to a purchaser in good faith, without notice of such omission, taking down or defacing.

History: 1961, Act 236, Eff. Jan. 1, 1963


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