Sheriff to collect purchase money, make deed to purchaser--proceedingsif sheriff or purchaser dies.
528.400. 1. The sheriff shall take the notes and bonds forthe purchase money, collect and pay over the same according tothe order of the court, and make the deed to the purchaser, whichshall be acknowledged or proved and recorded in the same manneras conveyances made by the sheriff of lands sold under execution,and shall be a bar against all persons interested in suchpremises who shall have been parties to the proceedings, andagainst all persons claiming from such parties, or either ofthem.
2. If the sheriff shall, before execution and acknowledgmentof the deed to the purchaser, die, or be removed from office, orremove from the county where the land is situate, then the courthaving jurisdiction of the cause wherein partition was adjudgedshall, on the application of the purchaser, order the successorof the sheriff making the sale, in office at the time of makingsuch application, to execute and acknowledge the deed to thepurchaser, and such successor is hereby fully empowered to do so;and the deed, executed and acknowledged by such successor, shallhave the same force and effect in law and equity as thoughexecuted and acknowledged by the sheriff making the sale.
3. If, after confirmation of the sale of any real estatesold under the provisions of this chapter, and before executionand acknowledgment of the deed therefor by the sheriff to thepurchaser, the purchaser shall sell and assign his whole interestin the land purchased by him, then the court having jurisdictionof the cause wherein partition was adjudged shall, on applicationof the assignee and the production of unequivocal proof of thefact of sale and assignment, order the sheriff or his successorin office at the time of such application, to execute andacknowledge the deed to such assignee, and the sheriff or hissuccessor is hereby fully empowered to do so; and the deed soexecuted and acknowledged shall have the same force and effect inlaw and equity as though executed and acknowledged by the sheriffto the original purchaser.
4. If, in case of the sale of any lands under the provisionsof this chapter, the purchaser shall die before the execution andacknowledgment of the deed therefor, the court havingjurisdiction of the cause wherein partition was adjudged shall onproof of the fact of the purchaser's death, submitted by hiswidow and heirs, or any or either of them, or by his executor oradministrator, order the sheriff making the sale, or hissuccessor, at the time such proof is submitted, to execute andacknowledge the deed to the heirs of decedent, subject to thedower interest therein of his widow, if there be one, and suchdeed shall be executed and acknowledged by the sheriff or suchsuccessor accordingly.
Sheriff to collect purchase money, make deed to purchaser--proceedingsif sheriff or purchaser dies.
528.400. 1. The sheriff shall take the notes and bonds forthe purchase money, collect and pay over the same according tothe order of the court, and make the deed to the purchaser, whichshall be acknowledged or proved and recorded in the same manneras conveyances made by the sheriff of lands sold under execution,and shall be a bar against all persons interested in suchpremises who shall have been parties to the proceedings, andagainst all persons claiming from such parties, or either ofthem.
2. If the sheriff shall, before execution and acknowledgmentof the deed to the purchaser, die, or be removed from office, orremove from the county where the land is situate, then the courthaving jurisdiction of the cause wherein partition was adjudgedshall, on the application of the purchaser, order the successorof the sheriff making the sale, in office at the time of makingsuch application, to execute and acknowledge the deed to thepurchaser, and such successor is hereby fully empowered to do so;and the deed, executed and acknowledged by such successor, shallhave the same force and effect in law and equity as thoughexecuted and acknowledged by the sheriff making the sale.
3. If, after confirmation of the sale of any real estatesold under the provisions of this chapter, and before executionand acknowledgment of the deed therefor by the sheriff to thepurchaser, the purchaser shall sell and assign his whole interestin the land purchased by him, then the court having jurisdictionof the cause wherein partition was adjudged shall, on applicationof the assignee and the production of unequivocal proof of thefact of sale and assignment, order the sheriff or his successorin office at the time of such application, to execute andacknowledge the deed to such assignee, and the sheriff or hissuccessor is hereby fully empowered to do so; and the deed soexecuted and acknowledged shall have the same force and effect inlaw and equity as though executed and acknowledged by the sheriffto the original purchaser.
4. If, in case of the sale of any lands under the provisionsof this chapter, the purchaser shall die before the execution andacknowledgment of the deed therefor, the court havingjurisdiction of the cause wherein partition was adjudged shall onproof of the fact of the purchaser's death, submitted by hiswidow and heirs, or any or either of them, or by his executor oradministrator, order the sheriff making the sale, or hissuccessor, at the time such proof is submitted, to execute andacknowledge the deed to the heirs of decedent, subject to thedower interest therein of his widow, if there be one, and suchdeed shall be executed and acknowledged by the sheriff or suchsuccessor accordingly.
Sheriff to collect purchase money, make deed to purchaser--proceedingsif sheriff or purchaser dies.
528.400. 1. The sheriff shall take the notes and bonds forthe purchase money, collect and pay over the same according tothe order of the court, and make the deed to the purchaser, whichshall be acknowledged or proved and recorded in the same manneras conveyances made by the sheriff of lands sold under execution,and shall be a bar against all persons interested in suchpremises who shall have been parties to the proceedings, andagainst all persons claiming from such parties, or either ofthem.
2. If the sheriff shall, before execution and acknowledgmentof the deed to the purchaser, die, or be removed from office, orremove from the county where the land is situate, then the courthaving jurisdiction of the cause wherein partition was adjudgedshall, on the application of the purchaser, order the successorof the sheriff making the sale, in office at the time of makingsuch application, to execute and acknowledge the deed to thepurchaser, and such successor is hereby fully empowered to do so;and the deed, executed and acknowledged by such successor, shallhave the same force and effect in law and equity as thoughexecuted and acknowledged by the sheriff making the sale.
3. If, after confirmation of the sale of any real estatesold under the provisions of this chapter, and before executionand acknowledgment of the deed therefor by the sheriff to thepurchaser, the purchaser shall sell and assign his whole interestin the land purchased by him, then the court having jurisdictionof the cause wherein partition was adjudged shall, on applicationof the assignee and the production of unequivocal proof of thefact of sale and assignment, order the sheriff or his successorin office at the time of such application, to execute andacknowledge the deed to such assignee, and the sheriff or hissuccessor is hereby fully empowered to do so; and the deed soexecuted and acknowledged shall have the same force and effect inlaw and equity as though executed and acknowledged by the sheriffto the original purchaser.
4. If, in case of the sale of any lands under the provisionsof this chapter, the purchaser shall die before the execution andacknowledgment of the deed therefor, the court havingjurisdiction of the cause wherein partition was adjudged shall onproof of the fact of the purchaser's death, submitted by hiswidow and heirs, or any or either of them, or by his executor oradministrator, order the sheriff making the sale, or hissuccessor, at the time such proof is submitted, to execute andacknowledge the deed to the heirs of decedent, subject to thedower interest therein of his widow, if there be one, and suchdeed shall be executed and acknowledged by the sheriff or suchsuccessor accordingly.
