If any sheriff or other person shall sell any lands, tenements, goods or chattels by virtue of any process otherwise than in the manner aforesaid or without such previous notice, the sheriff or other person so offending shall for every offense, forfeit and pay the sum of fifty dollars [($50.00)] with costs of suit in any district court in this territory [state], to be recovered by the person whose lands are sold.
History: Laws 1895, ch. 37, § 2; C.L. 1897, § 3114; Code 1915, § 2196; C.S. 1929, § 46-107; 1941 Comp., § 21-202; 1953 Comp., § 24-2-2.
ANNOTATIONSEffect of irregularities. — This section and 39-5-1 NMSA 1978 are not limitations on power to sell unless they provide expressly or by necessary implication that sales made in violation thereof are void; irregularities may be waived by failure to object until after trial court has lost jurisdiction. McCloskey v. Shortle, 1937-NMSC-005, 41 N.M. 107, 64 P.2d 1294.
Setting aside prejudicial sale. — Although the grounds upon which an execution sale may be set aside are not specified by statute, nor is any reference made to court's right to set aside a sale, it is nevertheless recognized by all courts that in order to prevent abuses of their process they may set aside a sale for fraud, unfairness or irregularities of a prejudicial nature. Columbus Elec. Coop. v. Brown, 1966-NMSC-221, 77 N.M. 102, 419 P.2d 757.
Confirmation of conditional bid. — A district court had power to confirm a mortgage foreclosure sale by master, notwithstanding bid was conditional, since court could in its original decree provide for payment in the same way. McCloskey v. Shortle, 1937-NMSC-005, 41 N.M. 107, 64 P.2d 1294.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Violation of direction of decree or order as regards sale of land in parcels or in gross as affecting validity of sale and title of purchaser, 84 A.L.R. 324.
Liability of officer (or sureties on his bond) who conducted sale of property under execution, or other process, to creditors, other than one for whom sale was made, for failure to comply with statutory requirements in making sale, 125 A.L.R. 1147.
Duties, rights, and remedies between attorney and client where attorney purchases property of client at or through tax, execution, or judicial sale, 20 A.L.R.2d 1280.
80 C.J.S. Sheriffs and Constables § 87.