Sale by debtor of property subject to levy and sale; proceedings when sale by sheriff brings more.

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In the event that the property, when so exposed for sale by the sheriff as provided for in Section 15-39-800, should bring more than the amount of the indebtedness cancelled by the proceeds of the sale made by the debtor the purchaser from the debtor shall be refunded the amount paid by him with interest from the time of payment, and the bargain and sale made by the debtor rescinded, and titles executed by the sheriff to the purchaser at his sale. After deducting the costs and expenses by reason of the levy and sale the remainder shall be applied, according to law, towards satisfaction of the judgments or executions in his office.

HISTORY: 1962 Code Section 10-1785; 1952 Code Section 10-1785; 1942 Code Section 9082; 1932 Code Section 9084; Civ. C. '22 Section 5489; Civ. C. '12 Section 3710; Civ. C. '02 Section 2625; G. S. 690; R. S. 2125; 1871 (14) 605.


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