Pecos Valley Lumber Co. v. Freidenbloom

Citations

• 23 N.M. 383

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. A court of record, upon whose judgment execution issues, has full power .to set aside an execution sale for fraud, unfairness, irregularity of a prejudicial nature, or whenever justice and fair dealing require it. P. 388</p> <p>2. Under the circumstances of this case, the failure of the officer serving the execution to demand payment thereof held not sufficient to justify setting aside the sale. P. 389</p> <p>3. The election to claim property free from execution, under section 2327, Code 1915, must be made before the sale. Where that is not done, and it does not appear that the officer practiced any fraud or unfairness, it is error to set aside the sale made under execution. P. 391</p> <p>4. Under the facts of this case, the trial court was not justified in setting aside an execution sale simply because the property was advertised to be sold subject to stated liens, it appearing that the amount of several of said liens had been reduced by installment payments in the interim between the publication of the notices of sale and the sale itself. P- 392</p> <p>5. Where notices of sale are published in a newspaper printed in the county wherein the property is situate, section 2195, Code 1915, does not require the posting of notices of sale in such county. P. 392</p> <p>6. Price obtained for property sold under' execution sale held not to be adequate. P. 393</p>