ยง634-12 - Sale of property seized on execution, when.
ยง634-12ย Sale of property seized on
execution, when.ย When goods or chattels have been seized in execution by
the sheriff or other officer under process of any court, and some third person
claims to be entitled under a bill of sale, chattel mortgage, or otherwise, to
the goods and chattels by way of security for a debt, the court or a judge may
order a sale of the whole or part thereof, upon such terms as to the payment of
the whole or part of the secured debt or otherwise as it or the judge shall
think fit; and may direct the application of the proceeds of sale in such
manner and upon such terms as to the court or judge may seem just. [L 1876, c
33, ยง7; RL 1925, ยง2874; RL 1935, ยง4063; RL 1945, ยง10045; RL 1955, ยง230-15; am L
1963, c 85, ยง3; HRS ยง634-45; ren HRS ยง634-12; gen ch 1985; am L 1989, c 211,
ยง10; am L 1990, c 281, ยง11]
Cross References
ย Sheriff, etc., see ยง26-14.6.
Case Notes
ย Did not apply to district courts under prior law.ย 6 H. 254.
ย Claimant of goods seized by sheriff on execution not authorized
to apply for order of interpleader.ย 13 H. 88.