The person whose goods are taken on execution, may retain possession thereof until the day of sale, by giving bond in favor of the plaintiff with sufficient security to be approved by the officer in double the value of such property, conditioned for the delivery of the property to the officer at the time and place of sale, to be named in such bond, which bond shall be returned with the execution.
History: Kearny Code, Executions, § 6; C.L. 1865, ch. 34, § 6; C.L. 1884, § 2162; C.L. 1897, § 3110; Code 1915, § 2193; C.S. 1929, § 46-104; 1941 Comp., § 21-107; 1953 Comp., § 24-1-7.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 30 Am. Jur. 2d Executions § 271 et seq.
33 C.J.S. Executions §§ 116 to 119.
Structure 2021 New Mexico Statutes
Chapter 39 - Judgments, Costs, Appeals
Article 4 - Recovery on Judgments
Section 39-4-1 - [Right to execution; issuance; levy and sale; jurisdiction.]
Section 39-4-2 - [Property subject to execution.]
Section 39-4-3 - [Levy; insufficient property; garnishment proceedings.]
Section 39-4-4 - Filing notice of levy on real estate; recording and indexing; release of levy.
Section 39-4-7 - [Bond to retain possession of goods until sale.]
Section 39-4-8 - [Failure to return bond; insufficient bond; liability of officer.]
Section 39-4-9 - [Time limit on return of district court executions; sale; control of writ.]
Section 39-4-10 - [Execution against sureties.]
Section 39-4-11 - [Execution against corporation; information to be furnished.]
Section 39-4-12 - [Assignment of debts due corporation.]
Section 39-4-13 - [Judgment lien on real estate; foreclosure suit; sale.]
Section 39-4-14 - [Execution and appraisal not prerequisites to bringing of suit.]
Section 39-4-15 - [Pleading claim of exemption.]
Section 39-4-16 - [Procedure not exclusive; existing remedies unaltered.]