25-13-704. Conduct of sale. (1) All sales of property under execution must be made at auction to the highest bidder, between the hours of 9 a.m. and 5 p.m. After sufficient property has been sold to satisfy the execution, no more property may be sold. The officer holding the execution or the officer's deputy may not become a purchaser or be interested in any purchase at the sale.
(2) When the sale is of personal property capable of manual delivery, it must be within view of those who attend the sale and must be sold in parcels that are likely to bring the highest price. When the sale is of real property consisting of several known lots or parcels, the lots or parcels must be sold separately, or when a portion of the real property is claimed by a third person and the person requires it to be sold separately, that portion must be sold separately. The judgment debtor, if present at the sale, may also direct the order in which property, real or personal, must be sold when the property consists of several known lots or parcels or of articles that can be sold to advantage separately, and the sheriff shall follow the directions.
History: En. Sec. 201, p. 84, Bannack Stat.; amd. Sec. 223, p. 180, L. 1867; re-en. Sec. 273, p. 86, Cod. Stat. 1871; re-en. Sec. 323, p. 127, L. 1877; re-en. Sec. 323, 1st Div. Rev. Stat. 1879; re-en. Sec. 334, 1st Div. Comp. Stat. 1887; re-en. Sec. 1227, C. Civ. Proc. 1895; re-en. Sec. 6830, Rev. C. 1907; re-en. Sec. 9434, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 694; re-en. Sec. 9434, R.C.M. 1935; R.C.M. 1947, 93-5826; amd. Sec. 451, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 13. Execution of Judgment
25-13-701. Notice of sale on execution
25-13-702. Penalty for selling without notice or destruction of notice
25-13-703. Postponement of sale
25-13-705. Procedure when purchaser refuses to pay
25-13-706. Rejection of subsequent bids after refusal to pay
25-13-707. Liability of officer after resale
25-13-708. Conveyance of personal property capable of manual delivery
25-13-709. Conveyance of personal property not capable of manual delivery
25-13-710. Real property -- what interest transferred
25-13-711. Real property -- certificate of sale
25-13-712. Property subject to a security interest -- disposition of proceeds, security agreement
25-13-713. Procedure when sale invalidated -- revival of judgment