Neither the issuance or levy of execution shall be a prerequisite to the bringing of such suit, nor shall any appraisal of the real estate be required.
History: Laws 1933, ch. 7, § 2; 1941 Comp., § 21-115; 1953 Comp., § 24-1-23.
Cross references. — For appraisal of property to be sold under judicial sale, see 39-5-5 to 39-5-11 NMSA 1978.
Rights of lien holder. — Holder of a judgment lien on real estate has two or more rights, i.e., the right to the lien, which is a sort of substantive or property right, and a right to the remedies to enforce the lien. Pugh v. Heating & Plumbing Fin. Corp., 1945-NMSC-031, 49 N.M. 234, 161 P.2d 714.
Structure 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.]