If the property is of a perishable or wasting kind, and the defendant fails to replevy as herein provided, the officer making the levy, or the plaintiff, or the defendant, may apply to the court, or judge thereof, to which the warrant is returnable, either in term time or vacation, for an order to sell such property; and if any person other than the defendant shall apply for such order of sale, the court shall not grant such order, unless the person applying shall file with such court an obligation, payable to the defendant, with two or more good and sufficient sureties, to be approved by said court, that they will be responsible to the defendant for such damages as he may sustain in case such sale be illegally and unjustly applied for, or be illegally and unjustly made, which sale shall be conducted as sales under execution.
History: Laws 1921, ch. 182, § 11; C.S. 1929, § 82-111; 1941 Comp., § 48-1511; 1953 Comp., § 61-6-11.
Structure New Mexico Statutes
Chapter 48 - Liens and Mortgages
Article 6 - Agricultural Landlord Liens
Section 48-6-1 - Landlords shall have preference lien.
Section 48-6-2 - Tenants not to remove property subject [to lien].
Section 48-6-3 - When lien expires.
Section 48-6-4 - Do not apply to, etc.
Section 48-6-5 - Distress warrant.
Section 48-6-6 - Oath and bond.
Section 48-6-7 - Distress warrant, issued by whom.
Section 48-6-8 - Duty of officer.
Section 48-6-9 - Defendant may replevy.
Section 48-6-10 - Judgment against sureties.
Section 48-6-11 - Perishable property sold.
Section 48-6-12 - Summons for defendant.
Section 48-6-13 - Rights of tenant.
Section 48-6-14 - Tenants shall not sublet without consent, etc.