TITLE 25. CIVIL PROCEDURE

CHAPTER 13. EXECUTION OF JUDGMENT

Part 7. Sale on Execution

Procedure When Purchaser Refuses To Pay

25-13-705. Procedure when purchaser refuses to pay. If a purchaser refuses to pay the amount bid by the purchaser for the property sold to the purchaser at a sale under execution, the officer may again sell the property at any time to the highest bidder, and if any loss is occasioned by the subsequent sale, the officer may recover the amount of the loss, with costs, from the bidder refusing to pay, in any court of competent jurisdiction. The person refusing to pay the costs that have accrued by reason of the unpaid bid is guilty of contempt of court and may be punished accordingly.

History: En. Sec. 202, p. 85, Bannack Stat.; amd. Sec. 224, p. 181, L. 1867; re-en. Sec. 274, p. 86, Cod. Stat. 1871; amd. Sec. 324, p. 127, L. 1877; re-en. Sec. 324, 1st Div. Rev. Stat. 1879; re-en. Sec. 335, 1st Div. Comp. Stat. 1887; en. Sec. 1228, C. Civ. Proc. 1895; re-en. Sec. 6831, Rev. C. 1907; re-en. Sec. 9436, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 695; re-en. Sec. 9436, R.C.M. 1935; R.C.M. 1947, 93-5828; amd. Sec. 452, Ch. 56, L. 2009.