8-528. SALE OF ATTACHED PROPERTY TO SATISFY JUDGMENT. If judgment be recovered by the plaintiff, the sheriff must satisfy the same out of the property attached by him which has not been delivered to the defendant, or a claimant as hereinbefore provided, or subjected to execution on another judgment recovered previous to the issuing of the attachment, if it be sufficient for that purpose:
1. By paying to the plaintiff the proceeds of all sales of perishable property sold by him, or of any debts or credits collected by him, or so much as shall be necessary to satisfy the judgment.
2. If any balance remain due, and an execution shall have been issued on the judgment, he must sell, under the execution, so much of the property, real or personal as may be necessary to satisfy the balance, if enough for that purpose remain in his hands. Notices of the sale must be given, and the sales conducted as in other cases of sales on execution.
History:
[(8-528) C.C.P. 1881, sec. 331; R.S., R.C., & C.L., sec. 4315; C.S., sec. 6806; I.C.A., sec. 6-528.]
Structure Idaho Code
Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS
Section 8-501 - ATTACHMENT — WHEN APPLIED FOR.
Section 8-503 - UNDERTAKING — NOTICE OF ATTACHMENT — INTERVENING CREDITORS.
Section 8-505 - PROPERTY SUBJECT TO ATTACHMENT — SALE UNDER EXECUTION.
Section 8-506 - EXECUTION OF WRIT.
Section 8-506B - SERVICE OF WRIT.
Section 8-506C - DEFENDANT’S UNDERTAKING — RETURN OF PROPERTY.
Section 8-506D - SUFFICIENCY OF SURETIES.
Section 8-507 - APPLICABILITY.
Section 8-524 - INVENTORY AND MEMORANDUM OF ATTACHED PROPERTY.
Section 8-525 - SALE OF PERISHABLE PROPERTY — COLLECTION OF DEBTS.
Section 8-526 - ORDER FOR SALE OF PROPERTY IN INTEREST OF PARTIES.
Section 8-527 - CLAIM OF PROPERTY BY THIRD PERSON OR AS EXEMPT.
Section 8-528 - SALE OF ATTACHED PROPERTY TO SATISFY JUDGMENT.
Section 8-529 - COLLECTION OF DEFICIENCY AFTER SALE — DELIVERY OF SURPLUS TO DEFENDANT.
Section 8-530 - ACTION ON ATTACHMENT BOND.
Section 8-531 - DISCHARGE ON JUDGMENT FOR DEFENDANT.
Section 8-534 - VACATION OF IRREGULAR ATTACHMENT.
Section 8-535 - MOTION UPON AFFIDAVIT — HOW OPPOSED.
Section 8-536 - DISCHARGE — AMENDMENTS AUTHORIZED.
Section 8-537 - RETURN OF WRIT.
Section 8-538 - DISCHARGE OF LIEN ON REAL ESTATE.
Section 8-539 - LIEN ON REAL ESTATE — TIME EFFECTIVE — DURATION — TERMINATION — EXTENSION.