21-49-19. Money judgment as precluding foreclosure unless execution remains unsatisfied.
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/sd/title-21/chapter-21-49/21-49-19A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If it appears that any judgment has been obtained in an action at law for the moneys demanded by such complaint, or any part thereof, no foreclosure proceedings shall be commenced in such case unless an execution against the property of the defendant in such judgment has been issued, and the sheriff or other officer shall have made return that the execution is unsatisfied in whole or in part, and that the defendant has no property other than property mortgaged under this chapter whereon to satisfy such execution.