Bloomington herald. [volume] (Bloomington, I. T. [Iowa]) 1840-1849, 1843-03-10
VALUATION LAW.
AN ACT Subjecting Real and Personal Estate to
Eynca,fiora.

SECTION /. BE 1t enacted by the COuncaI 0nG
House Of Representatives Of the Territory o
Iowa, That tie personal and real estate ef ev.
cry individual, company. body polite or cor.
porate, including his. her or their goods, chat
| tells, lands. tenelnents and Entertainments, and
any title or equitable right to lands, whether
under certificate from any land Office or
| title bond from any person for a warran,ee
| deed, or any right whatever 10 the possession
| oil lands, be and the same are hereby made
subject TO execution, to be taken and sold &C.
cording TO the provisions Of tins net: Provi-
ded, That necessary wearing apparel shall not
defendant or defendants in execution.
SEC. 2. That hereafter, when any writ oil
execution may issue against the goods, chat
| tells, lands, tenemen,s and heredtaments Of
any defendant or defendants it shall be the du.
~ Of the Sheriff cr other officer to levy such
execution upon such part Of the estate Of such
defendant or defendants as he, she or they may
direct but it no such direction shall! be given,
the messuage lands or tenemen,s OH which
such defendant or defendants may be chiefly
situated, shall not be levied upon, unless a
suiliciency of other property 10 satisfy the ex-
ecu''on or executions in the hands Of the Off
GERS cannot be found, and in all cases the real
estate Of execution defendants shall be exempt
from levy and sale until the personal estate OF
such defendant shall be first levied upon and
sold, unless snch defendants voluntarily au-
thorIze the sale upon execution Of their real es.
tate: Provided, That nothing herein enacted
shall be SO construed as TO make it the duty
of any Sheriff or other officer to levy upon and
sell on execution property selected fer that
purpose by any execution defendant or defen-
dants. II there exists any reasonable doubt
whether such defendant or defendants is or are
The bona fide owners Of such property so selec.
ted.
SEC. 3. That in all cases when a Sheriff
o. other officer SHALL by virtue of an execution.
order or decree Of any court Of record levy up
on any lands and tenemenis. he shall call an
inquest Of three disinieresied persons having
the qualifications Of jurors, who shall be resi-
dents within the township or precinct where
the lands are situated, aud administer to them
an oath or affirmation imparlially 10 appraise
said estate so levied on; and said appraisers
shall return TO said officer, under their hands
and seals, an estimate Of the real value of said
estate SO levied on, upon actual view Of the
premises. forthwith, after such view and the
officer receiving such return shall deposi,e a
copy iiaveof. with particular description Of
said land. with the Clerk Of the Dis,ric, Court
from which the said writ issued, and advertise
and sell the same agreeably to the provisions
Of this act, as hereinafter provided !; and il the
said real estate, when offered for sale, shall
not sell for two thirds of its appraised value,
the office shall offer the said lands to the plain
Tiff, his agent or attorney. who may take the
same at two thirds Of its appraised value; ard
| if the said plaintiff or execution creditor shall
! not accept the same. the said real estate shall
lot be offered for sale again on said execution,
| order or decree, for the term Of twelve months
thereafter, except al the cost Of the plaintiff in
execution, unless sale be effected, when the
costs Of the sale shall be paid by the defend
ant in execution: Provided, That said Sheriff
| or other officer making such levy shall, when
| ever the said lands are divisible, levy on such
part and so much thereof as may be sufficient
| 10 satisfy such execution and provided, in all
cases, that real and personal property shall
sell at public outcry, for the best price the
same will bring over and above the two thirds
Ct its appraised value. according to the pro-
| visions Of this act. and deed in fee simple,
conveying the real estate, shall be made 10
the purchaser, executed by the officer selling
the same, which shall be prma facia evidence
Of the regularity Of the officers proceedings.
The provisions of this section shall extend
TO sales Of real estate under deeds Of trust
whether the sale be by any order or decree Of
court or otherwise.
| SEC. 4. That if execution be levied on
goods and cha'tels, the officer evying the same
shall take 10 his assistance Two disin,eresled
persons having the qualifications Of jurors, to
whom he shall adminis,e. an oath or affirma.
ton to appraise the property so levied on, and
who shall proceed, together with such apprai.
a.
piece Of property levied on at its fair value
and the officer shall endorse upon the back Of
his execution or attach to it as a part Of his
return schedule Of the property SO levied on
with a pertinent description Of each article
with its appraised value, and shall proceed ,o
advertise and sell the same, always describing
said property in the notice Of sale precisely a.
the same is described in the schedule returned
with the " rit !: Provide always. That no prop
er,y hereafter levied on shall be sold by any
officer for less than two thirds of the appraised
valuation: Provided further, That no persona
properly shall be offered for sale more thar
once in every six months, except at the cos
OF the person ordering such sale, unless solo
at such subsequent sale, in which case the cos
shall be paid as in other cases: Provided fur
Their, That said officer shall again offer IT,,
property TO said plaintiff; and if the same shall
not be accepted by the plaintiff, the Office
shall require Ct the defendant in execution
bond for the delivery Of the property levied o'
as aforesaid at the expiration Of six months
from and after The time when said property wa
offered for sale, or that said deiendan, will de
liver other property Of the same amount an,
value to the said officer within the time afore
said. il the delivery Of the same shall be re
qnired by the said plaintiff in execution, which
shall be appraised and offered for sale as here
inbefore provided; and il the event the sal
property shall not sell at such second sale 70
two thirds Of its appraised value, the Office