§651-44  Sale; proceeds; return.  The
officer shall, on the day and at the place set for the public sale, unless paid
the amount of the judgment, interest, and costs, and the officer's fees and
disbursements accrued upon the writ, sell the property advertised to the
highest bidder.  The officer shall deduct from the proceeds of the sale
sufficient for the full satisfaction, if possible, of the execution and the
officer's costs, expenses, and commissions, and return the writ, satisfied
wholly or in part, paying the amount collected thereon to the plaintiff in
execution or the plaintiff's attorney. [CC 1859, §1024; RL 1925, §2448; RL
1935, §4147; RL 1945, §10174; RL 1955, §233-43; HRS §651-44; gen ch 1985]



 



Case Notes



 



  Junior encumbrancer may question adequacy of price bid only
if adequate bid would have left surplus after satisfying senior encumbrances. 
51 H. 164, 454 P.2d 116.