28-23-07. Time and manner of sale.
202 words·~1 min read·
/nd/title-28/chapter-28-23-sales-under-execution/28-23-07·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
All sales of property under execution must be made at public auction to the highest bidder, between the hours of nine a.m. and four p.m. After sufficient property has been sold to satisfy the execution, no more property may be sold. A sheriff or other officer or the sheriff's or officer's deputy holding the execution or making the sale of property may not become a purchaser or be
interested directly or indirectly in any purchase at the sale. A purchase so made must be considered fraudulent and void. If the sale is of personal property capable of manual delivery, it must be within view of those who attend the sale and must be sold in parcels as are likely to bring the highest price, and when the sale is of real property consisting of several known lots or parcels they must be sold separately unless they constitute one parcel on which improvements have been constructed.
The judgment debtor, if present at the sale, may direct the order in which property must be sold if the property consists of several known lots or parcels or of articles which can be sold to advantage separately. The sheriff or other officer shall follow these directions.