Property adjudged to be sold must be sold in the county in which it lies, except as otherwise provided in this article, and in the manner herein provided. All sales of real estate under the orders of the probate court shall be made by the judge of probate. All sales under the order of the court when the title is to be made by the clerk of the circuit court shall be made by the clerk. In those counties in which the office of master exists the master shall make all sales ordered by the court in granting equitable relief, conformable to the practice of the circuit court or to the practice of the courts of equity in this State before such courts were abolished. And whenever real estate is adjudged to be sold by a master, such sale may take place by consent of the parties to the cause or their attorneys, or, when infants are parties, by consent of their guardians ad litem or their attorneys in any county which the court may direct. Whenever the court of common pleas in any county shall have acquired jurisdiction over real estate lying in another county the master for the county in which the action is brought may sell such real estate in the county in which the land is situated. But when such land is contained in one tract or adjoining tracts lying in more than one county the land may be sold in whatever county the court may fix, and the advertisement shall appear in the county or counties in which the land is situate and in which the land is to be sold. All other judicial sales shall be made by the sheriffs.
HISTORY: 1962 Code Section 10-1753; 1952 Code Section 10-1753; 1942 Code Section 740; 1932 Code Section 740; Civ. P. '22 Section 607; Civ. P. '12 Section 345; Civ. P. '02 Section 306; 1870 (14) 490 Section 310; 1872 (15) 194; 1878 (16) 336, 558; 1884 (18) 708; 1885 (19) 7; 1927 (35) 289; 1929 (36) 1052; 1958 (50) 1957.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Chapter 39 - Executions And Judicial Sales Generally
Section 15-39-10. Kinds of execution.
Section 15-39-20. Executions of course within ten years.
Section 15-39-30. Issuance of executions; effective period.
Section 15-39-40. Counties to which execution may be issued.
Section 15-39-50. Execution against the person.
Section 15-39-60. Execution against married woman.
Section 15-39-70. Executions may be taken out by administrators de bonis non.
Section 15-39-80. Contents of executions.
Section 15-39-90. Executions on judgments of inferior courts.
Section 15-39-100. Execution constitutes no lien on personal property prior to levy.
Section 15-39-110. Sheriff may break into house in certain cases.
Section 15-39-120. Sheriff to keep memorandum of levy; schedule.
Section 15-39-140. Failure or neglect to make return.
Section 15-39-150. Sheriff must give notice of money collected.
Section 15-39-310. Order for discovery of property.
Section 15-39-320. Arrest in lieu of discovery order.
Section 15-39-330. Examination of witnesses and debtor.
Section 15-39-340. Debtor of execution debtor may pay debt to sheriff.
Section 15-39-350. Examination of debtors of judgment debtor.
Section 15-39-360. Proceedings against joint debtors.
Section 15-39-370. Witnesses may be required to testify.
Section 15-39-380. Compelling party or witnesses to attend.
Section 15-39-390. Master shall certify examination to judge.
Section 15-39-400. Examinations and answers shall be under oath.
Section 15-39-410. Property which may be ordered to be applied to execution.
Section 15-39-430. Judge may appoint receiver.
Section 15-39-440. Prohibition of transfer or of interference with property.
Section 15-39-450. Filing and effect of order appointing receiver.
Section 15-39-460. Proceedings on claims of others to property or on denial of indebtedness.
Section 15-39-480. Costs of proceeding.
Section 15-39-490. Punishment for contempt.
Section 15-39-610. Property taken under execution shall be sold.
Section 15-39-620. Estates held in trust may be sold.
Section 15-39-630. Where and by whom sales made.
Section 15-39-635. Judicial sales by referees.
Section 15-39-640. Sheriff shall make judicial sales; fees.
Section 15-39-650. Sheriff shall advertise sale of property.
Section 15-39-660. Contents of advertisement of sale; manner of publication.
Section 15-39-680. Judicial sale days.
Section 15-39-690. Hours of sale.
Section 15-39-700. Place of sales.
Section 15-39-710. Sheriff's execution sales shall be for cash; resale.
Section 15-39-720. Upset bids within thirty days on foreclosure or execution sale.
Section 15-39-730. Upset bids in other judicial sales.
Section 15-39-740. Deposits by bidders.
Section 15-39-750. Return of deposit when bid raised.
Section 15-39-770. Compensation of officer making sale of real estate.
Section 15-39-830. Conveyance after sale.
Section 15-39-840. Conveyances of real estate sold under execution.
Section 15-39-850. Successors of selling officers may make title.
Section 15-39-860. Recording and indexing of execution conveyances.
Section 15-39-880. Certain liens extinguished by sale when lien creditor is a party to proceeding.
Section 15-39-890. Reacquisition of property by lien debtor.