State Codes and Statutes
Statutes > Missouri > T36 > C521 > 521_860Court may require bond, when.
521.860. 1. Whenever suit is brought against any sheriff,marshal, or other duly authorized officer or his sureties or therepresentatives of any of them on account of any levy on or saleof any property or interest therein, and notice of such levy orsale was made, said court shall not order the payment of theproceeds of such sale to the party or parties who may appear tobe entitled to the same unless such parties shall have given abond as required in section 521.850 or shall forthwith give suchbond.
2. The court in which such suit is brought may, in itsdiscretion, permit any person who has given bond as aforesaid tobe joined as defendant in such suit.
3. If in any such suit the plaintiff shall establish hisright to any property or interest levied on or sold as aforesaid,the officer against whom such suit is brought, his sureties, andthe legal representatives of any of them shall thereupon have aright to recover back any money paid as made on the levy or saleto which such suit related, and if such levy or sale was made bydirection or authority of any person interested in the same orhis agent shall also have a right to recover of the person sodirecting or authorizing such levy or sale all damages which suchofficer, his sureties, or the legal representatives of any ofthem may have paid on account of any such levy or sale.
(RSMo 1939 § 15696, A.L. 1978 H.B. 1634)Prior revision: 1929 § 14748
Effective 1-2-79
