That hereafter when personal property shall be sold under execution issued out of any justice court [magistrate court], or from the district court, when the property seized under execution does not exceed three hundred dollars, ($300.00), notice of such sale may be given by posting written or printed notices of such sale at least ten days prior to the date of sale in at least five public places in the county, one of which places shall be at the courthouse in said county, and one at the place where said sale is to be held.
History: Laws 1931, ch. 8, § 1; 1935, ch. 68, § 1; 1941 Comp., § 21-204; 1953 Comp., § 24-2-4.
ANNOTATIONSCross references. — For publication of "legal notice," see 14-11-1 NMSA 1978 et seq.
Bracketed material. — The bracketed reference to "magistrate courts" was inserted by the compiler, as the office of justice of the peace was abolished by 35-1-38 NMSA 1978, which provides that reference in the laws to justices of the peace shall be construed to refer to the magistrate courts. The bracketed material was not enacted by the legislature and is not part of the law.
Compiler's notes. — Laws 1935, ch. 68, § 1, identifies the section being amended as Laws 1931, ch. 8, § 1.
Due process requirements. — Where a party with a recorded interest in property has been properly served and has had actual notice of a complaint in foreclosure and participates in the proceedings to the extent of approving a judgment and decree of foreclosure directing sale of the foreclosed property, and thereafter is on constructive notice of the time and place of sale, he has received all due process to which he is entitled before being deprived of his interest in the property. Production Credit Ass'n v. Williamson, 1988-NMSC-041, 107 N.M. 212, 755 P.2d 56.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 30 Am. Jur. 2d Executions § 465 et seq.
33 C.J.S. Executions § 211.