reglab/housing_qa huggingface dataset:
MT Code § 25-13-703 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 13. Execution of Judgment|Part 7. Sale on Execution|25-13-703. Postponement of sale

  25-13-703. Postponement of sale. Good cause therefor appearing, the officer holding the execution may postpone any sale noticed thereunder for a period not exceeding 15 days, by public proclamation at the time and place fixed in the notice of sale and by posting a notice in three public places in the township where the property has previously been noticed to be sold.   History: En. Sec. 1, Ch. 120, L. 1915; re-en. Sec. 9435, R.C.M. 1921; re-en. Sec. 9435, R.C.M. 1935; R.C.M. 1947, 93-5827.
MT Code § 25-13-704 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 13. Execution of Judgment|Part 7. Sale on Execution|25-13-704. Conduct of sale

  25-13-704. Conduct of sale. (1) All sales of property under execution must be made at auction to the highest bidder, between the hours of 9 a.m. and 5 p.m. After sufficient property has been sold to satisfy the execution, no more property may be sold. The officer holding the execution or the officer's deputy may not become a purchaser or be interested in any purchase at the sale.   (2) When the sale is of personal property capable of manual delivery, it must be within view of those who attend the sale and must be sold in parcels that are likely to bring the highest price. When the sale is of real property consisting of several known lots or parcels, the lots or parcels must be sold separately, or when a portion of the real property is claimed by a third person and the person requires it to be sold separately, that portion must be sold separately. The judgment debtor, if present at the sale, may also direct the order in which property, real or personal, must be sold when the property consists of several known lots or parcels or of articles that can be sold to advantage separately, and the sheriff shall follow the directions.   History: En. Sec. 201, p. 84, Bannack Stat.; amd. Sec. 223, p. 180, L. 1867; re-en. Sec. 273, p. 86, Cod. Stat. 1871; re-en. Sec. 323, p. 127, L. 1877; re-en. Sec. 323, 1st Div. Rev. Stat. 1879; re-en. Sec. 334, 1st Div. Comp. Stat. 1887; re-en. Sec. 1227, C. Civ. Proc. 1895; re-en. Sec. 6830, Rev. C. 1907; re-en. Sec. 9434, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 694; re-en. Sec. 9434, R.C.M. 1935; R.C.M. 1947, 93-5826; amd. Sec. 451, Ch. 56, L. 2009.
MT Code § 25-13-705 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 13. Execution of Judgment|Part 7. Sale on Execution|25-13-705. Procedure when purchaser refuses to pay

  25-13-705. Procedure when purchaser refuses to pay. If a purchaser refuses to pay the amount bid by the purchaser for the property sold to the purchaser at a sale under execution, the officer may again sell the property at any time to the highest bidder, and if any loss is occasioned by the subsequent sale, the officer may recover the amount of the loss, with costs, from the bidder refusing to pay, in any court of competent jurisdiction. The person refusing to pay the costs that have accrued by reason of the unpaid bid is guilty of contempt of court and may be punished accordingly.   History: En. Sec. 202, p. 85, Bannack Stat.; amd. Sec. 224, p. 181, L. 1867; re-en. Sec. 274, p. 86, Cod. Stat. 1871; amd. Sec. 324, p. 127, L. 1877; re-en. Sec. 324, 1st Div. Rev. Stat. 1879; re-en. Sec. 335, 1st Div. Comp. Stat. 1887; en. Sec. 1228, C. Civ. Proc. 1895; re-en. Sec. 6831, Rev. C. 1907; re-en. Sec. 9436, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 695; re-en. Sec. 9436, R.C.M. 1935; R.C.M. 1947, 93-5828; amd. Sec. 452, Ch. 56, L. 2009.
MT Code § 25-13-706 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 13. Execution of Judgment|Part 7. Sale on Execution|25-13-706. Rejection of subsequent bids after refusal to pay

  25-13-706. Rejection of subsequent bids after refusal to pay. When a purchaser refuses to pay, the officer may reject any subsequent bid of that purchaser.   History: En. Sec. 325, p. 128, L. 1877; re-en. Sec. 325, 1st Div. Rev. Stat. 1879; re-en. Sec. 336, 1st Div. Comp. Stat. 1887; re-en. Sec. 1229, C. Civ. Proc. 1895; re-en. Sec. 6832, Rev. C. 1907; re-en. Sec. 9437, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 696; re-en. Sec. 9437, R.C.M. 1935; R.C.M. 1947, 93-5829; amd. Sec. 453, Ch. 56, L. 2009.
MT Code § 25-13-707 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 13. Execution of Judgment|Part 7. Sale on Execution|25-13-707. Liability of officer after resale

  25-13-707. Liability of officer after resale. Sections 25-13-705 and 25-13-706 must not be construed to make the officer liable for any more than the amount bid by the second or subsequent purchaser and the amount collected from the purchaser refusing to pay.   History: En. Sec. 326, p. 128, L. 1877; re-en. Sec. 326, 1st Div. Rev. Stat. 1879; re-en. Sec. 337, 1st Div. Comp. Stat. 1887; re-en. Sec. 1230, C. Civ. Proc. 1895; re-en. Sec. 6833, Rev. C. 1907; re-en. Sec. 9438, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 697; re-en. Sec. 9438, R.C.M. 1935; R.C.M. 1947, 93-5830.
MT Code § 25-13-708 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 13. Execution of Judgment|Part 7. Sale on Execution|25-13-708. Conveyance of personal property capable of manual delivery

  25-13-708. Conveyance of personal property capable of manual delivery. When the purchaser of any personal property capable of manual delivery pays the purchase price, the officer making the sale shall deliver to the purchaser the property and, if desired, execute and deliver to the purchaser a certificate of sale. The certificate conveys to the purchaser all rights that the debtor had in the property on the day the execution or attachment was levied.   History: En. Sec. 205, p. 85, Bannack Stat.; re-en. Sec. 227, p. 181, L. 1867; re-en. Sec. 277, p. 87, Cod. Stat. 1871; re-en. Sec. 327, p. 128, L. 1877; re-en. Sec. 327, 1st Div. Rev. Stat. 1879; re-en. Sec. 338, 1st Div. Comp. Stat. 1887; amd. Sec. 1231, C. Civ. Proc. 1895; re-en. Sec. 6834, Rev. C. 1907; re-en. Sec. 9439, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 698; re-en. Sec. 9439, R.C.M. 1935; R.C.M. 1947, 93-5831; amd. Sec. 6, Ch. 89, L. 1999.
MT Code § 25-13-709 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 13. Execution of Judgment|Part 7. Sale on Execution|25-13-709. Conveyance of personal property not capable of manual delivery

  25-13-709. Conveyance of personal property not capable of manual delivery. When the purchaser of any personal property not capable of manual delivery pays the purchase price, the officer making the sale shall execute and deliver to the purchaser a certificate of sale. The certificate conveys to the purchaser all rights that the debtor had in the property on the day the execution or attachment was levied.   History: En. Sec. 228, p. 181, L. 1867; re-en. Sec. 278, p. 87, Cod. Stat. 1871; re-en. Sec. 328, p. 128, L. 1877; re-en. Sec. 328, 1st Div. Rev. Stat. 1879; re-en. Sec. 339, 1st Div. Comp. Stat. 1887; amd. Sec. 1232, C. Civ. Proc. 1895; re-en. Sec. 6835, Rev. C. 1907; re-en. Sec. 9440, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 699; re-en. Sec. 9440, R.C.M. 1935; R.C.M. 1947, 93-5832; amd. Sec. 7, Ch. 89, L. 1999.
MT Code § 25-13-710 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 13. Execution of Judgment|Part 7. Sale on Execution|25-13-710. Real property -- what interest transferred

  25-13-710. Real property -- what interest transferred. Upon a sale of real property, the purchaser is substituted to and acquires the right, title, interest, and claim of the judgment debtor thereto; and when the estate is less than a leasehold of 2 years' unexpired term, the sale is absolute. In all other cases, the property is subject to redemption, as provided in part 8 of this chapter.   History: En. Sec. 229, p. 181, L. 1867; re-en. Sec. 279, p. 87, Cod. Stat. 1871; re-en. Sec. 329, p. 128, L. 1877; re-en. Sec. 329, 1st Div. Rev. Stat. 1879; re-en. Sec. 340, 1st Div. Comp. Stat. 1887; re-en. Sec. 1233, C. Civ. Proc. 1895; re-en. Sec. 6836, Rev. C. 1907; re-en. Sec. 9441, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 700; re-en. Sec. 9441, R.C.M. 1935; R.C.M. 1947, 93-5833(part).
MT Code § 25-13-711 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 13. Execution of Judgment|Part 7. Sale on Execution|25-13-711. Real property -- certificate of sale

  25-13-711. Real property -- certificate of sale. (1) Upon a sale of real property, the officer must give to the purchaser a certificate of sale, containing:   (a) a particular description of the property sold;   (b) the price bid for each distinct lot or parcel;   (c) the whole price paid;   (d) when subject to redemption, a statement to that effect.   (2) A duplicate of such certificate must be filed by the officer in the office of the county clerk.   History: En. Sec. 229, p. 181, L. 1867; re-en. Sec. 279, p. 87, Cod. Stat. 1871; re-en. Sec. 329, p. 128, L. 1877; re-en. Sec. 329, 1st Div. Rev. Stat. 1879; re-en. Sec. 340, 1st Div. Comp. Stat. 1887; re-en. Sec. 1233, C. Civ. Proc. 1895; re-en. Sec. 6836, Rev. C. 1907; re-en. Sec. 9441, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 700; re-en. Sec. 9441, R.C.M. 1935; R.C.M. 1947, 93-5833(part).
MT Code § 25-13-712 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 13. Execution of Judgment|Part 7. Sale on Execution|25-13-712. Property subject to a security interest -- disposition of proceeds, security agreement

  25-13-712. Property subject to a security interest -- disposition of proceeds, security agreement. (1) When the property taken under 25-13-505 is sold under process, the officer levying the writ must apply the proceeds of the sale as follows:   (a) to the repayment of the sum paid to the secured party, with interest from the date of such payment; and   (b) the balance, if any, in like manner as the proceeds of sales under execution are applied in other cases.   (2) In the event the property is sold under execution, such creditor shall be required to deliver to the debtor the security agreement and any note or other evidence of indebtedness secured thereby obtained from the secured party when the property is sold for the amount of the indebtedness under the security agreement or an amount in excess thereof.   History: En. Sec. 1, Ch. 111, L. 1921; re-en. Sec. 9291, R.C.M. 1921; re-en. Sec. 9291, R.C.M. 1935; amd. Sec. 11-162, Ch. 264, L. 1963; R.C.M. 1947, 93-4338(part).
MT Code § 25-13-713 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 13. Execution of Judgment|Part 7. Sale on Execution|25-13-713. Procedure when sale invalidated -- revival of judgment

  25-13-713. Procedure when sale invalidated -- revival of judgment. (1) If the purchaser of real property sold on execution or the purchaser's successor in interest is evicted from the property because of irregularities in the proceedings concerning the sale or of the reversal or discharge of the judgment, the purchaser may recover the price paid, with interest, from the judgment creditor.   (2) If the purchaser of property at a sheriff's sale or the purchaser's successor in interest fails to recover possession because of irregularity in the proceedings concerning the sale or because the property sold was not subject to execution and sale, the court having jurisdiction shall, on petition of the party in interest or the party's attorney, revive the original judgment for the amount paid by the purchaser at the sale, with interest on the judgment from the time of payment at the same rate that the original judgment bore. When revived, the judgment has the same effect as an original judgment of the court of that date, bearing interest as provided in this subsection. Any other or after-acquired property, rents, issues, or profits of the debtor is subject to levy and sale under execution in satisfaction of the debt. However, property of the debtor sold bona fide before the filing of the petition is not subject to the lien of the judgment. The notice of the filing of the petition must be made by filing a notice in the office of the county clerk where the property is situated, and the judgment must be revived in the name of the original plaintiff or plaintiffs for the use of the petitioner, the party in interest.   History: En. Sec. 237, p. 183, L. 1867; re-en. Sec. 286, p. 89, Cod. Stat. 1871; re-en. Sec. 336, p. 132, L. 1877; re-en. Sec. 336, 1st Div. Rev. Stat. 1879; re-en. Sec. 347, 1st Div. Comp. Stat. 1887; re-en. Sec. 1241, C. Civ. Proc. 1895; re-en. Sec. 6844, Rev. C. 1907; re-en. Sec. 9450, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 708; re-en. Sec. 9450, R.C.M. 1935; R.C.M. 1947, 93-5842; amd. Sec. 454, Ch. 56, L. 2009.
MT Code § 25-13-714 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 13. Execution of Judgment|Part 7. Sale on Execution|25-13-714. Validation of defective judicial sales

  25-13-714. Validation of defective judicial sales. All judicial sales of real property prior to January 1, 1973, provided no action is pending on July 1, 1973, to set such sale aside, where made in this state on proceedings to satisfy valid judgments or decrees of any court and the moneys bidden thereon paid to the officer making such sale, shall be valid and sufficient in law to sustain a sheriff's deed based on such sale and, when no such deed has been executed, shall entitle such purchaser to such deed; and such deed, if now or when executed, shall be sufficient to convey all the title of the judgment debtor at the time of such sale in the premises so sold to the purchaser at said sale, and all defects or irregularities in the issuance of execution, the manner of making or conducting the sale, or the recitals or references in such deed shall be disregarded, and such sale shall not be invalidated by reason of any such defect or irregularity.   History: En. Sec. 1, Ch. 80, L. 1973; R.C.M. 1947, 93-5846.
MT Code § 25-13-801 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 13. Execution of Judgment|Part 8. Redemption of Real Property|25-13-801. Who may redeem -- definition

  25-13-801. Who may redeem -- definition. (1) Property sold subject to redemption, as provided by 25-13-710, or any part sold separately may be redeemed in the manner provided in this part by the following persons or their successors in interest:   (a) the judgment debtor, the judgment debtor's spouse, or the judgment debtor's successor in interest in the whole or any part of the property and, if the judgment debtor or successor is a corporation, a stockholder of the corporation;   (b) a creditor having a lien by judgment, mortgage, or attachment on the property sold or on some share or part of the property subsequent to that on which the property is sold. If a corporation is the creditor, then any stockholder of the corporation may redeem.   (2) The persons mentioned in subsection (1)(b) are, in this part, termed "redemptioners".   History: En. Sec. 230, p. 181, L. 1867; re-en. Sec. 280, p. 87, Cod. Stat. 1871; re-en. Sec. 330, p. 129, L. 1877; re-en. Sec. 330, 1st Div. Rev. Stat. 1879; re-en. Sec. 341, 1st Div. Comp. Stat. 1887; amd. Sec. 1234, C. Civ. Proc. 1895; re-en. Sec. 6837, Rev. C. 1907; amd. Sec. 1, Ch. 107, L. 1913; re-en. Sec. 9442, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 701; amd. Sec. 1, Ch. 16, L. 1927; re-en. Sec. 9442, R.C.M. 1935; amd. Sec. 55, Ch. 535, L. 1975; R.C.M. 1947, 93-5834; amd. Sec. 455, Ch. 56, L. 2009.
MT Code § 25-13-802 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 13. Execution of Judgment|Part 8. Redemption of Real Property|25-13-802. Time for redemption -- amount to be paid

  25-13-802. Time for redemption -- amount to be paid. The judgment debtor or redemptioner may redeem the property from the purchaser any time within 1 year after the sale on paying the purchaser:   (1) the amount of the purchase with interest at a rate established by the judgment in the action that led to the execution sale, up to the time of redemption;   (2) the amount of any assessment or taxes that the purchaser may have paid on the property after purchase and interest on that amount;   (3) the amount of any repairs, maintenance expenses, or other expenditures that the purchaser may reasonably have made after purchase for the maintenance of the property, with interest on the amounts from the date of expenditure; and   (4) if the purchaser is also a creditor having a prior lien to that of the redemptioner other than the judgment under which the purchase was made, the amount of the lien with interest.   History: En. Sec. 231, p. 181, L. 1867; re-en. Sec. 281, p. 88, Cod. Stat. 1871; amd. Sec. 331, p. 129, L. 1877; re-en. Sec. 331, 1st Div. Rev. Stat. 1879; re-en. Sec. 342, 1st Div. Comp. Stat. 1887; amd. Sec. 1235, C. Civ. Proc. 1895; re-en. Sec. 6838, Rev. C. 1907; re-en. Sec. 9443, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 702; re-en. Sec. 9443, R.C.M. 1935; amd. Sec. 1, Ch. 103, L. 1937; R.C.M. 1947, 93-5835; amd. Sec. 1, Ch. 503, L. 1991; amd. Sec. 456, Ch. 56, L. 2009.
MT Code § 25-13-803 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 13. Execution of Judgment|Part 8. Redemption of Real Property|25-13-803. Subsequent redemptions -- when permitted -- amount paid

  25-13-803. Subsequent redemptions -- when permitted -- amount paid. (1) If property is redeemed by a redemptioner, another redemptioner may, within 60 days after the last redemption, again redeem the property from the last redemptioner on paying the sum on the last redemption with interest at the rate established by the judgment in the action that led to the execution sale, the amount of any assessment or taxes that the last redemptioner may have paid on the property after the redemption by the last redemptioner with interest at the same rate on that amount, and the amount of any liens held by the last redemptioner prior to the last redemptioner's own lien, with interest. However, the judgment under which the property was sold need not be paid as a lien. The property may be again, and as often as any redemptioner is disposed, redeemed from any previous redemptioner, within 60 days after the last redemption, by paying the sum paid on the last previous redemption with interest on the sum at the rate established by the judgment in the action that led to the execution sale, the amount of any assessment or taxes that the last previous redemptioner paid after the redemption by the last previous redemptioner with interest at the same rate, and the amount of any liens, other than the judgment under which the property was sold, held by the last redemptioner previous to the last redemptioner's own lien, with interest at the same rate.   (2) If the judgment debtor or the judgment debtor's spouse redeems, the judgment debtor or the spouse shall make the same payments that are required to effect a redemption by a redemptioner.   History: En. Sec. 232, p. 182, L. 1867; re-en. Sec. 282, p. 88, Cod. Stat. 1871; amd. Sec. 332, p. 129, L. 1877; re-en. Sec. 332, 1st Div. Rev. Stat. 1879; re-en. Sec. 343, 1st Div. Comp. Stat. 1887; amd. Sec. 1236, C. Civ. Proc. 1895; re-en. Sec. 6839, Rev. C. 1907; en. Sec. 2, Ch. 107, L. 1913; re-en. Sec. 9444, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 703; amd. Sec. 2, Ch. 16, L. 1927; re-en. Sec. 9444, R.C.M. 1935; amd. Sec. 2, Ch. 103, L. 1937; amd. Sec. 56, Ch. 535, L. 1975; R.C.M. 1947, 93-5836(part); amd. Sec. 2, Ch. 503, L. 1991; amd. Sec. 457, Ch. 56, L. 2009.
MT Code § 25-13-804 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 13. Execution of Judgment|Part 8. Redemption of Real Property|25-13-804. Redemption by stockholder or corporation

  25-13-804. Redemption by stockholder or corporation. (1) If a stockholder of a corporation redeems, the corporation, within 1 year after the date of sale, may redeem by paying to the redemptioner or the sheriff for the stockholder's benefit the amount paid to effect the redemption, with interest on that amount at the rate established by the judgment in the action that led to the execution sale from the date of redemption until the date of payment, together with any taxes or assessments that may have been paid by the redemptioner, with interest at the same rate on the amount of the payment.   (2) When a stockholder redeems, any other stockholder or stockholders may, at any time after the redemption and within 60 days after the expiration of 1 year from the date of sale, contribute to the redemption by paying to the redeeming stockholder or depositing with the sheriff for the redeeming stockholder's benefit a sum that bears the same proportion to the amount necessary to redeem that the number of shares owned by the contributing stockholder or stockholders bears to the number of shares of the corporation outstanding, with interest on the sum from the date of redemption until the date of contribution at the rate established by the judgment in the action that led to the execution sale, together with a similar proportion of the taxes or assessments paid by the redeeming stockholder, with interest at the same rate. If the corporation does not redeem the property within the time and in the manner and form as described in this section, the redeeming and contributing stockholders are entitled to receive a sheriff's deed for the property redeemed and shall succeed to the property as tenants in common in the proportions, respectively, that they shall respectively pay or contribute to the redemption. The redeeming or contributing stockholder shall, in all cases when applying to redeem or contribute, present an affidavit setting forth the number of shares of stock owned by the stockholder and, to the best of the stockholder's knowledge, the number of shares of stock of the corporation outstanding.   History: En. Sec. 232, p. 182, L. 1867; re-en. Sec. 282, p. 88, Cod. Stat. 1871; amd. Sec. 332, p. 129, L. 1877; re-en. Sec. 332, 1st Div. Rev. Stat. 1879; re-en. Sec. 343, 1st Div. Comp. Stat. 1887; amd. Sec. 1236, C. Civ. Proc. 1895; re-en. Sec. 6839, Rev. C. 1907; en. Sec. 2, Ch. 107, L. 1913; re-en. Sec. 9444, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 703; amd. Sec. 2, Ch. 16, L. 1927; re-en. Sec. 9444, R.C.M. 1935; amd. Sec. 2, Ch. 103, L. 1937; amd. Sec. 56, Ch. 535, L. 1975; R.C.M. 1947, 93-5836(3); amd. Sec. 3, Ch. 503, L. 1991; amd. Sec. 458, Ch. 56, L. 2009.
MT Code § 25-13-805 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 13. Execution of Judgment|Part 8. Redemption of Real Property|25-13-805. Redemption by debtor from spouse

  25-13-805. Redemption by debtor from spouse. If the spouse of a judgment debtor redeem, the judgment debtor, within 1 year after the date of sale, may redeem by paying the spouse or the spouse's successors in interest or the sheriff for the benefit of the spouse or the successors in interest of the spouse the amount paid to effect the redemption, with interest thereon at the rate established by the judgment in the action that led to the execution sale from the date of redemption until the date of such payment, together with any taxes or assessments that may have been paid by the spouse or the successors in interest of the spouse, with like interest thereon.   History: En. Sec. 232, p. 182, L. 1867; re-en. Sec. 282, p. 88, Cod. Stat. 1871; amd. Sec. 332, p. 129, L. 1877; re-en. Sec. 332, 1st Div. Rev. Stat. 1879; re-en. Sec. 343, 1st Div. Comp. Stat. 1887; amd. Sec. 1236, C. Civ. Proc. 1895; re-en. Sec. 6839, Rev. C. 1907; en. Sec. 2, Ch. 107, L. 1913; re-en. Sec. 9444, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 703; amd. Sec. 2, Ch. 16, L. 1927; re-en. Sec. 9444, R.C.M. 1935; amd. Sec. 2, Ch. 103, L. 1937; amd. Sec. 56, Ch. 535, L. 1975; R.C.M. 1947, 93-5836(4); amd. Sec. 4, Ch. 503, L. 1991.