Notwithstanding such forthcoming bond as is mentioned in the preceding section be given, if such property be expensive to keep or perishable, the court in which proceedings in the case under section four of this article are pending or may be had, or the judge thereof in vacation, may, before a decision of the rights of the parties under such proceedings, on the application of such claimant or of the surety in such suspending or forthcoming bond, after reasonable notice of the intended application has been given by such claimant or the surety to the other parties in the case, order a sale of the property, or any part thereof, on such terms as the court or judge may deem advisable; and the court shall apply the proceeds according to such rights when determined.
Structure West Virginia Code
§38-6-1. Bond to Indemnify Officer Making Levy
§38-6-2. Effect of Giving, or of Refusal to Give, Bond; Return of Bond to Clerk's Office
§38-6-3. Suspending Bond; Settling Claimant's Title; How Suits on Bonds Prosecuted
§38-6-4. Procedure for Determination of Conflicting Claims to Property Levied On
§38-6-5. Order of Sale Pending Determination of Rights
§38-6-6. Disposition of Surplus Proceeds
§38-6-8. Sale of Perishable Property or Property Expensive to Keep
§38-6-9. Levy on Additional Property
§38-6-10. Enforcement of Forthcoming Bond
§38-6-11. Action or Motion on Forthcoming Bond; Enforcement of Original Judgment
§38-6-12. Defenses to Bond Taken Under Distress Warrant
§38-6-13. Remedies on Quashing of Forthcoming Bond
§38-6-14. Forthcoming Bonds Forbidden in Certain Cases
§38-6-15. Indorsement on Execution Forbidding Forthcoming Bond