In all actions tried by a jury when the plaintiff claims that the action is brought for the recovery of the purchase money for the property attached if the jury find for the plaintiff they shall also state in their verdict whether or not the amount found is for the purchase money of the property attached. And in all cases tried by a judge, he shall, if he decides in favor of the plaintiff, certify whether or not the debt so found by him is for the purchase money of the property seized under the warrant of attachment. In such cases the judge shall direct that the attached property shall be sold by the sheriff or constable and the proceeds arising from such sale be applied in payment of the plaintiff's debt and costs and the surplus, if any, paid over to the defendant.
HISTORY: 1962 Code Section 10-956; 1952 Code Section 10-956; 1942 Code Section 550; 1932 Code Section 550; Civ. P. '22 Section 523; Civ. P. '12 Section 302; 1904 (24) 452.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Section 15-19-10. Grounds for attachment generally.
Section 15-19-30. Attachment when debt is not due.
Section 15-19-40. Persons authorized to grant attachment.
Section 15-19-50. Affidavit required.
Section 15-19-60. Form of affidavit.
Section 15-19-70. Filing of affidavit and serving copies thereof.
Section 15-19-80. Bond required before obtaining attachment.
Section 15-19-90. Form of bond.
Section 15-19-100. Persons to whom attachment shall be directed.
Section 15-19-110. Issuance and form of attachment.
Section 15-19-210. Service and answer upon execution of warrant.
Section 15-19-220. Property which is subject to attachment.
Section 15-19-230. Duty of officer to whom warrant is delivered.
Section 15-19-240. Attachment of real estate.
Section 15-19-250. Effecting execution on property incapable of manual delivery.
Section 15-19-260. Certificate of defendant's interest.
Section 15-19-270. Duties of officer upon seizure of property.
Section 15-19-280. Sale of personal property likely to deteriorate or expensive to keep.
Section 15-19-290. Proceedings on claim of third person.
Section 15-19-300. Discharge or return of property on defendant's appearance.
Section 15-19-310. Undertaking on part of defendant.
Section 15-19-320. Maximum undertaking in certain actions.
Section 15-19-330. Undertaking when property of one of several defendants is attached.
Section 15-19-340. Motion by owner to discharge attachment.
Section 15-19-350. Satisfying judgment for plaintiff.
Section 15-19-370. Disposition of residue when judgment is paid.
Section 15-19-380. Proceedings by plaintiff instead of sheriff or constable.
Section 15-19-390. Proceedings on judgment for defendant.
Section 15-19-400. Time when sheriff or constable shall return attachment.
Section 15-19-510. Authorization and issuance.
Section 15-19-520. Plaintiff's undertaking; contents of warrant.
Section 15-19-530. Effecting attachment.
Section 15-19-540. Lien of attachment.