reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.155 - Personal property levied upon may be retained until day of sale, by giving bond.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.155. Personal property levied upon may be retained until day of sale, by giving bond. —
When the officer charged with the service of an execution shall levy it upon personal property, the defendant may retain possession thereof until the day of sale, by giving bond, in favor of the plaintiff, with sufficient security, to be approved by the officer, in double the value of such property, conditioned for the delivery of the property to such officer at the time and place of sale, to be named in such condition.
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(RSMo 1939 § 1353)
Prior revisions: 1929 § 1189; 1919 § 1640; 1909 § 2209
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.160 - Property not delivered, levy to remain a lien.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
• Effective - 28 Aug 1939
513.160. Property not delivered, levy to remain a lien. —
If the property be not delivered according to the condition of the bond, the levy shall remain a lien upon the property taken for the satisfaction of the judgment, into whose possession soever the property may pass.
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(RSMo 1939 § 1354)
Prior revisions: 1929 § 1190; 1919 § 1641; 1909 § 2210
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.165 - Condition of bond broken, officer may seize property — how sold.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.165. Condition of bond broken, officer may seize property — how sold. —
When the condition of the bond shall be broken, as mentioned in section 513.160, the officer may seize any property of the defendant subject to the execution, and sell the same, if personal property, on three days' notice; if real estate, on ten days' notice to satisfy the judgment.
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(RSMo 1939 § 1355)
Prior revisions: 1929 § 1191; 1919 § 1642; 1909 § 2211
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.170 - Plaintiff may move for judgment on bond, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.170. Plaintiff may move for judgment on bond, when. —
If the condition of the bond be broken, and the execution returned unsatisfied, the defendant and his sureties shall be deemed to have notice of the facts, and the plaintiff, without further notice, may, on the first or any subsequent day of the return term of the execution, move the court for judgment on the bond against the defendant and his sureties, or any of them; or the plaintiff may, at his option, bring suit upon the bond.
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(RSMo 1939 § 1356)
Prior revisions: 1929 § 1192; 1919 § 1643; 1909 § 2212
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.175 - Motion heard and determined in a summary way.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.175. Motion heard and determined in a summary way. —
If any controversy arise on the motion, it shall be heard and determined in a summary way, without the form of pleading; and unless the demand be avoided, a judgment shall be rendered thereon without delay, according to the circumstances, as follows: If the value of the property so levied on, and not delivered at the day of sale, be less than such amount, the judgment shall be for the value of the property not so delivered, with ten percent damages for the delay, and costs in both cases.
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(RSMo 1939 § 1357)
Prior revisions: 1929 § 1193; 1919 § 1644; 1909 § 2213
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.180 - No second delivery bond shall be taken.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.180. No second delivery bond shall be taken. —
No second delivery bond shall be taken in behalf of a defendant so failing to comply with the first, nor shall any such bond be taken of a surety upon a judgment founded on such bond.
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(RSMo 1939 § 1358)
Prior revisions: 1929 § 1194; 1919 § 1645; 1909 § 2214
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.185 - Delivery bond to be returned — failure — officer to stand as security.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.185. Delivery bond to be returned — failure — officer to stand as security. —
Every delivery bond shall be returned with the execution; and if the officer fail to return the same, or the same be adjudged insufficient at the return term of the execution, he shall stand as surety for the defendant, for the delivery of the property levied on, and may be proceeded against as such.
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(RSMo 1939 § 1359)
Prior revisions: 1929 § 1195; 1919 § 1646; 1909 § 2215
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.190 - Sale to be fifteen days before return, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.190. Sale to be fifteen days before return, when. —
If there be sufficient time, the officer shall appoint the day of sale at least fifteen days before the return day of the execution.
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(RSMo 1939 § 1360)
Prior revisions: 1929 § 1196; 1919 § 1647; 1909 § 2216
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.200 - Leases for three years or more subject to execution as real property.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.200. Leases for three years or more subject to execution as real property. —
Every lease upon lands for any unexpired term of three years or more shall be subject to execution and sale as real property, but shall not be subject to sale upon and by virtue of an execution issued by an associate circuit judge.
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(RSMo 1939 § 1337)
Prior revisions: 1929 § 1173; 1919 § 1624; 1909 § 2193
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.205 - Sheriff in selling real estate shall proceed how — notice to be given — sales, where made.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 02 Jan 1979, see footnote
513.205. Sheriff in selling real estate shall proceed how — notice to be given — sales, where made. —
When real estate shall be taken in execution by an officer, it shall be his duty to expose the same to sale at the courthouse door, having previously given twenty days' notice of the time and place of sale, and what real estate is to be sold and where situated, by advertisement in some newspaper printed in the county which may be designated by the plaintiff or his attorney of record, if there be one regularly published, weekly or daily, and if not, by at least six printed or written handbills, signed by such sheriff, and put up in public places in different parts of the county; and the printer's fee for such advertisement shall be taxed and paid as other costs; provided, that in all cities in this state now or hereafter containing one hundred thousand inhabitants or more, such sales shall be on the floor of the real estate exchange or at the courthouse door, as may be announced in said advertisement.
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(RSMo 1939 § 1362, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1198; 1919 § 1649; 1909 § 2218
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.210 - Real estate to be divided, when — amount to be sold.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.210. Real estate to be divided, when — amount to be sold. —
When an execution shall be levied upon real estate, the officer levying the same shall divide such property, if susceptible of division, and sell so much thereof as will be sufficient to satisfy such execution, unless the defendant in the execution shall desire the whole of any tract or lot of land to be sold together, in which case it shall be sold accordingly.
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(RSMo 1939 § 1350)
Prior revisions: 1929 § 1186; 1919 § 1637; 1909 § 2206
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.215 - Death of defendant after levy, proceedings.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.215. Death of defendant after levy, proceedings. —
If any defendant shall die after his real estate shall have been seized on execution, the service thereof shall not be completed, but the sheriff shall return the execution, together with the fact of the defendant's death, which shall be a sufficient indemnity to him for his failure to proceed.
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(RSMo 1939 § 1283)
Prior revisions: 1929 § 1118; 1919 § 1569; 1909 § 2138
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.220 - Sheriff selling real estate where court is held at other than county seat.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.220. Sheriff selling real estate where court is held at other than county seat. —
Whenever in any county in this state where circuit court is held by law at any other town or city than the county seat, any real estate shall be taken in execution under process issued upon any judgment under such circuit court sitting at such town or city other than the county seat, such real estate shall be exposed to sale and be sold at the door of the courthouse, and during the sitting of such court at such town or city where such judgment was rendered, having first been advertised as provided by law.
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(RSMo 1939 § 1363)
Prior revisions: 1929 § 1199; 1919 § 1650; 1909 § 2219
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.225 - Notice to be given defendant in execution if a resident of the state, when.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.225. Notice to be given defendant in execution if a resident of the state, when. —
When real estate, situated in a different county from that in which the defendant in the execution owning such real estate resides, is sought to be sold under an execution in favor of the plaintiff therein, it shall be the duty of the plaintiff to cause a notice, in writing, to be served on the defendant or defendants owning the real estate, if residing in the state, stating the fact of the issuing of the same, how or to what county directed, and to what term of the court said execution is returnable.
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(RSMo 1939 § 1364)
Prior revisions: 1929 § 1200; 1919 § 1651; 1909 § 2220
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.230 - When and how to be served.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.230. When and how to be served. —
The notice shall be served as other notices are required to be served by the existing law, at least twenty days before the day of sale, and shall be filed in the office whence the execution issues.
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(RSMo 1939 § 1365)
Prior revisions: 1929 § 1201; 1919 § 1652; 1909 § 2221
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.235 - Sale, how conducted.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.235. Sale, how conducted. —
All property taken in execution by any officer shall be exposed to sale on the day for which it is advertised, between the hours of nine in the forenoon and five in the afternoon, publicly, by auction, for ready money, and the highest bidder shall be the purchaser.
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(RSMo 1939 § 1366)
Prior revisions: 1929 § 1202; 1919 § 1653; 1909 § 2222
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.240 - If purchaser refuses to pay, property to be resold — damages, how recovered.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
• Effective - 02 Jan 1979, see footnote
513.240. If purchaser refuses to pay, property to be resold — damages, how recovered. —
If the purchaser refuse to pay the amount bid for property struck off to him, the officer making the sale may again resell such property to the highest bidder, or he may resell it on a subsequent day, as though no previous sale had been made, and if any loss shall be occasioned thereby, the officer shall recover the amount of such loss, with costs, by motion, before any court.
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(RSMo 1939 § 1367, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1203; 1919 § 1654; 1909 § 2223
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.245 - Court shall proceed in summary manner.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
• Effective - 02 Jan 1979, see footnote
513.245. Court shall proceed in summary manner. —
Such court shall proceed in a summary manner and give judgment and award execution therefor forthwith; and the same proceedings shall be had against any subsequent purchaser who shall refuse to pay, and the officer may, in his discretion, forever thereafter refuse the bid of any person so refusing.
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(RSMo 1939 § 1368, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1204; 1919 § 1655; 1909 § 2224
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.250 - Liability of officer, amounts.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.250. Liability of officer, amounts. —
Sections 513.240 and 513.245 shall 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 or purchasers refusing to pay.
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(RSMo 1939 § 1369)
Prior revisions: 1929 § 1205; 1919 § 1656; 1909 § 2225
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.255 - Sale under junior judgment.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.255. Sale under junior judgment. —
The sale of lands under a junior judgment or decree shall pass the title of the defendant, subject to the lien of all prior judgments and decrees then in force.
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(RSMo 1939 § 1279)
Prior revisions: 1929 § 1114; 1919 § 1565; 1909 § 2134
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.260 - Proceeds, how applied.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.260. Proceeds, how applied. —
The money arising from such sale shall be applied to the payment of the judgment or decree under which it may have been made.
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(RSMo 1939 § 1280)
Prior revisions: 1929 § 1115; 1919 § 1566; 1909 § 2135
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.265 - If a sale be not made at the next term, execution to continue in force, how long.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.265. If a sale be not made at the next term, execution to continue in force, how long. —
In all cases where an execution is or shall be issued and levied by the proper officer upon real estate, and for any cause a sale of such real estate shall not be made at the next term of the court of the county in which such sale is to be made, the execution and lien created thereby shall remain and continue in force until the end of the second term of the court of the county where the land is situated, and until a term of said court is held, at which said real estate may be sold according to law.
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(RSMo 1939 § 1372)
Prior revisions: 1929 § 1208; 1919 § 1659; 1909 § 2228
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.270 - Execution issued to the sheriff of another county to remain in force, how long.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 02 Jan 1979, see footnote
513.270. Execution issued to the sheriff of another county to remain in force, how long. —
When an execution is issued from a court of record in one county and sent to the sheriff of any other county in this state, and the same is levied on real estate, and from any cause the circuit court of the last mentioned county shall not be held before the return day of the execution, the sheriff shall retain said execution, and the levy made by virtue thereof shall remain in full force until there shall be a session of the circuit court in said last mentioned county, at which said real estate may be sold.
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(RSMo 1939 § 1373, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1209; 1919 § 1660; 1909 § 2229
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.275 - Deed for real estate to be executed — its recitals.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
• Effective - 28 Aug 1939
513.275. Deed for real estate to be executed — its recitals. —
The officer who shall sell any real estate, or lease of lands and tenements for more than three years, shall make to the purchaser a deed, to be paid for by the purchaser, reciting the names of the parties to the execution, the date when issued, the date of the judgment, order or decree, and other particulars, as recited in the execution; also a description of the property, the time, place and manner of the sale, which recital shall be received as evidence of the facts therein stated.
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(RSMo 1939 § 1375)
Prior revisions: 1929 § 1211; 1919 § 1662; 1909 § 2231
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.280 - Such deed, how acknowledged.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
• Effective - 28 Aug 1939
513.280. Such deed, how acknowledged. —
Every officer executing any deed for lands, tenements or hereditaments, sold under execution, shall acknowledge the same before the circuit court of the county in which the estate is situated; but if he die or leave the state, resign or be removed from office, or otherwise disqualified from acting, before making such acknowledgment, such deed may be proved before such court as other deeds.
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(RSMo 1939 § 1376)
Prior revisions: 1929 § 1212; 1919 § 1663; 1909 § 2232
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.285 - Clerk to endorse certificate of acknowledgment on such deed.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
• Effective - 28 Aug 1939
513.285. Clerk to endorse certificate of acknowledgment on such deed. —
The clerk of such court shall endorse upon such deed a certificate of the acknowledgment or proof, under the seal of the court, and shall make an entry of such acknowledgment or proof, with the names of the parties to the suit, and a description of the property thereby conveyed.
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(RSMo 1939 § 1377)
Prior revisions: 1929 § 1213; 1919 § 1664; 1909 § 2233
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.290 - Sheriff's deeds to be recorded — record to be evidence.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.290. Sheriff's deeds to be recorded — record to be evidence. —
Every deed executed and acknowledged as provided in sections 513.275 to 513.285, or proved, shall be recorded as other conveyances of land; and thereafter such deed, or a copy thereof, or of the record, certified by the recorder, shall be received as evidence in any court in this state, without further proof of the execution thereof.
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(RSMo 1939 § 1378)
Prior revisions: 1929 § 1214; 1919 § 1665; 1909 § 2234
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.295 - Sales, how made, when term changed.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.295. Sales, how made, when term changed. —
In all cases where the time of holding the terms of the several courts of this state shall be changed by the legislature, all sales of property which would have been made at the terms previously established by law, shall be made at the first term of the court held in pursuance of such change; and where such sales have been advertised to be made on any day of such previously established term, to satisfy any execution returnable thereto, or in obedience to any order or decree of said court, the sale shall be made on the same day of the term held in pursuance of the change aforesaid; and no second advertisement of such sale shall be necessary, but it shall be the duty of the sheriff or other officer having in charge the execution or order aforesaid, to put up at the front door of the courthouse of the proper county, on or before the first day of the changed term, a list of the property to be sold, specifying the names of the parties, the property to be sold, and the day of sale, and stating the fact that said property has been previously advertised, giving the name of the paper and its date.
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(RSMo 1939 § 2037)
Prior revisions: 1929 § 1873; 1919 § 2368; 1909 § 3890
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.300 - Officer not to purchase property — purchases void.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.300. Officer not to purchase property — purchases void. —
No officer to whom any execution shall be directed, or any of his deputies, or any person for them, shall purchase any goods or chattels, real estate or other effects, or bid at any sale made by virtue of such execution, and all purchases so made shall be void.
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(RSMo 1939 § 1370)
Prior revisions: 1929 § 1206; 1919 § 1657; 1909 § 2226
(1973) Where sheriff and his son were denominated on deed as "joint tenants with right of survivorship", the sheriff was in fact a purchaser at his own sale and this rendered the prohibited transaction void. Watkins v. Floyd (A.), 492 S.W.2d 865.
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.305 - Executions issued from circuit court of Marion County — either division — effect.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 02 Jan 1979, see footnote
513.305. Executions issued from circuit court of Marion County — either division — effect. —
All executions issued in pursuance of judgments rendered by either district number 1 or district number 2 of the circuit court of Marion County may be levied in any part of Marion County, or elsewhere.
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(RSMo 1939 § 2430, A. 1949 H.B. 2121, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 14558; 1919 § 13737; 1909 § 4286
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.310 - Sale of real estate on execution from district No. 2 of Marion County circuit court and Cape Girardeau circuit court at Cape Girardeau.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 02 Jan 1979, see footnote
513.310. Sale of real estate on execution from district No. 2 of Marion County circuit court and Cape Girardeau circuit court at Cape Girardeau. —
1. All sales of real estate, situated in the county of Marion taken in execution by any officer under a judgment by district number 2 of the circuit court of Marion County, or of any other court of record within this state, when the real estate is situated within the townships of Mason and Miller, shall be made before the door of the courthouse in the city of Hannibal.
2. All sales of real estate, situated in Cape Girardeau County, taken in execution by process issued from the circuit court of Cape Girardeau County at Cape Girardeau, shall be exposed to sale before the door of the courthouse in the city of Cape Girardeau.
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(RSMo 1939 §§ 2342, 2403, 2430, A. 1949 H.B. 2121, A.L. 1955 p. 313, A.L. 1978 H.B. 1634)
Prior revisions: 1929 §§ 14513, 14573, 14558; 1919 §§ 13691, 13753, 13737; 1909 §§ 4240, 4286, 4301
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.315 - Sheriff to deliver writs to successor, when — duty of new sheriff.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.315. Sheriff to deliver writs to successor, when — duty of new sheriff. —
Whenever the term of office for which any sheriff shall have been elected has expired, or he shall have resigned or removed without the county, or be removed from office, it shall be his duty to deliver over all writs of execution not executed to such person as may have been elected or appointed and qualified to discharge the duties of sheriff; and such new sheriff shall receive all such writs, and proceed to execute the same, in the same manner as if such writs had been originally directed to him; and for any failure or neglect to perform the duties therein imposed upon the former sheriff, such former sheriff and his sureties shall be subject to the like penalties, proceedings and judgments as if he still continued in office.
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(RSMo 1939 § 1379)
Prior revisions: 1929 § 1215; 1919 § 1666; 1909 § 2235
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.320 - In case of death, executions unexecuted to be delivered to successor.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.320. In case of death, executions unexecuted to be delivered to successor. —
When any sheriff shall die, it shall be the duty of his executors or administrators to deliver over to the persons appointed or elected and qualified to succeed the deceased, all executions unexecuted; and for failure to do so, said executors or administrators, and the sureties of the testator or intestate, shall be responsible.
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(RSMo 1939 § 1380)
Prior revisions: 1929 § 1216; 1919 § 1667; 1909 § 2236
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.325 - Power of outgoing officer after levy.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.325. Power of outgoing officer after levy. —
When any officer shall have levied upon any goods and chattels, real estate or other effects by virtue of any execution, and the term of service of such officer shall expire and be determined before or after the sale thereof, and before the purchaser shall have obtained a deed therefor, duly executed, such officer shall, nevertheless, have power to do and perform all things in relation to such execution and the sale of such property, and in making, acknowledging and executing a deed to the purchaser, in the same manner and with like effect, to all intents and purposes, as if his term of office had not expired; and he and his sureties shall be subject to the like penalties, actions, proceedings and judgments for neglect, misconduct or failure therein, as if he still continued in office.
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(RSMo 1939 § 1381)
Prior revisions: 1929 § 1217; 1919 § 1668; 1909 § 2237
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.330 - Death of officer after levy and before sale.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.330. Death of officer after levy and before sale. —
When any officer shall die, or be removed from office, or be otherwise disqualified from acting, after having taken in execution any goods and chattels, real estate or other effects, and before sale thereof, the sheriff or coroner then in office shall proceed therein, and do and perform all things remaining to be done and performed in relation to such execution and the sale of such property, and in making and executing deeds and conveyances therefor, in the same manner and with the like effect as the officer so deceased, removed from office or disqualified, could have done.
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(RSMo 1939 § 1382)
Prior revisions: 1929 § 1218; 1919 § 1669; 1909 § 2238
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.335 - After sale, how deed may be obtained.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.335. After sale, how deed may be obtained. —
When any officer shall die, be removed from office or disqualified, or shall remove from this state, after the sale of any property and before executing a conveyance therefor, as required by law, or after executing a defective conveyance therefor, the purchaser, his grantee, or anyone claiming by, through or under the purchaser, may petition the court out of which the execution issued, stating the facts, verified by affidavit, and if said petitioner satisfy the court that the purchase money has been paid, the court shall order the sheriff then in office to execute, acknowledge and deliver a deed to the purchaser, or if he be dead, to his heirs, and if the purchaser has sold the same, to his grantee, or to the party claiming by, through or under said purchaser, reciting the facts; which deed shall be executed accordingly, and shall have the same effect, to all intents and purposes, as if made by the officer so deceased, removed from office, disqualified or absent from the state.
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(RSMo 1939 § 1383)
Prior revisions: 1929 § 1219; 1919 § 1670; 1909 § 2239
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.340 - Officers refusing to carry out execution liable for amount thereof.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.340. Officers refusing to carry out execution liable for amount thereof. —
If any officer to whom any execution shall be delivered shall refuse or neglect to execute or levy the same according to law, or shall take in execution any property or any property be delivered to him by any person against whom an execution is issued, and he shall neglect or refuse to make sale of the property so taken or delivered, according to law, or shall make a false return of such writ, then, in any of the cases aforesaid, such officer shall be liable and bound to pay the whole amount of money in such writ specified, or thereon endorsed and directed to be levied; and if such officer shall not, on the return of such writ, or at the time the same ought to be returned, have the money which he shall become liable to pay as aforesaid before the court, and pay the same according to the exigency of the writ, any person aggrieved thereby may have his action against such officer and his sureties upon his official bond, or may have his remedy by civil action against such officer in default.
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(RSMo 1939 § 1384)
Prior revisions: 1929 § 1220; 1919 § 1671; 1909 § 2240
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.345 - Officer liable on his bond for refusal to perform duty.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.345. Officer liable on his bond for refusal to perform duty. —
If any officer to whom any execution shall be delivered shall not return the same according to law and the command of the writ, such officer and his sureties shall be liable to pay the damages sustained by such default, to be recovered by the party aggrieved, by action upon the official bond of the officer, or by civil action against such officer.
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(RSMo 1939 § 1385)
Prior revisions: 1929 § 1221; 1919 § 1672; 1909 § 2241
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.350 - Remedy of plaintiff against officer in certain cases.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.350. Remedy of plaintiff against officer in certain cases. —
If any officer shall sell any property under any execution, whether he received payment therefor or not, or shall make the money on any execution specified, or thereon endorsed or directed to be levied, or any part thereof, and shall not have the amount of such sales or the money so made before the court, and pay over the same according to law, he shall be liable to pay the whole amount of such sales or money by him made to the person entitled thereto, with lawful interest thereon, and damages in addition thereto, at the rate of five percent per month, to be computed from the time when the same be demanded by the party entitled thereto, or his attorney or agent, after the execution is returnable, until the whole be paid, to be recovered by civil action against such officer and his sureties on his official bond, or by civil action against such officer; or the party aggrieved may proceed against such officer and his sureties, by motion in the court before which such writ is returnable, in a summary way, two days' previous notice being given of such intended motion, and the court shall render judgment for the amount which ought to have been paid, with interest and damages aforesaid, and award execution thereon forthwith. And it shall be the duty of every officer to whom any execution shall be delivered, issued upon any judgment recovered according to the provisions of this section, to execute the same within fifteen days after it shall be delivered to him; and he shall be subject to the like penalties and liabilities for any default therein as on other executions.
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(RSMo 1939 § 1386)
Prior revisions: 1929 § 1222; 1919 § 1673; 1909 § 2242
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.355 - Judge shall call execution docket.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 02 Jan 1979, see footnote
513.355. Judge shall call execution docket. —
It shall be the duty of the circuit court to periodically call over the execution docket, in order to see that proper returns have been made and entered of all process returnable to that term, and especially that due diligence has been used to execute all process upon the part of the state; and the court, in such cases, may enforce obedience to law by attachment.
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(RSMo 1939 § 2101, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1939; 1919 § 2437; 1909 § 3957
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.360 - Proceedings to set aside or quash execution.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.360. Proceedings to set aside or quash execution. —
If any person against whose property any execution or order of sale shall be issued, apply to any judge of the court out of which the same may have been issued, by petition, verified by oath or affirmation, setting forth good cause why same ought to be stayed, set aside or quashed, reasonable notice of such intended application being previously given to the opposite party, his attorney of record or agent, such judge shall thereupon hear the complaint.
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(RSMo 1939 § 1387)
Prior revisions: 1929 § 1223; 1919 § 1675; 1909 § 2244
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.365 - Judge to order stay of execution, when and how.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.365. Judge to order stay of execution, when and how. —
If it appear that such execution or order of sale ought to be stayed, set aside or quashed, and the petitioner enter into recognizance, with sufficient sureties, in such sum as shall be reasonable, to be taken and approved by such judge, conditioned that if such application be finally determined against such petitioner he will pay the debt, damages and costs, or damages and costs, to be recovered by such execution or order of sale, or render in execution all his property liable to be seized and taken or sold, by such writ or order of sale, or that the sureties will do it for him, then such judge shall make an order for the stay of the execution or order of sale, as aforesaid; but all the property, real and personal, bound by such execution or order of sale, shall remain bound as if no such stay had been granted.
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(RSMo 1939 § 1388)
Prior revisions: 1929 § 1224; 1919 § 1676; 1909 § 2245
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.370 - Judge to certify and return petition to the court — proceedings.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.370. Judge to certify and return petition to the court — proceedings. —
The judge shall return such petition and proceedings thereon, duly certified, to the court out of which the execution was issued, or order of sale is made returnable, and the clerk of such court shall enter the same upon his motion docket; and the court shall hear and determine the same in a summary way, according to right and justice, and may award a perpetual stay of such execution or order of sale, or may order the execution or order of sale to be enforced.
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(RSMo 1939 § 1389)
Prior revisions: 1929 § 1225; 1919 § 1677; 1909 § 2246
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.375 - Any person owing defendant may pay officer, how.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 02 Jan 1979, see footnote
513.375. Any person owing defendant may pay officer, how. —
After the issuing of an execution, any person indebted to the defendant therein may pay to the sheriff or other officer charged with the collection thereof, the amount of the debt owing by such person to such defendant, or so much thereof as shall be necessary to satisfy the execution and costs, and the officer's receipts shall be a sufficient discharge for the amount paid.
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(RSMo 1939 § 1390, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1226; 1919 § 1678; 1909 § 2247
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.380 - Examination of judgment debtor, when, procedure — grant of use immunity.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1993
513.380. Examination of judgment debtor, when, procedure — grant of use immunity. —
1. Whenever an execution against the property of any judgment debtor, individual or corporate, issued from any court in this state, shall be returned unsatisfied, in whole or in part, by any sheriff or other proper officer, the judgment creditor in such execution, his executor, administrator or assign, may, at any time within five years after such return so made, be entitled to an order by the court rendering such judgment, requiring the judgment debtor or, in the case of a corporate judgment debtor, its chief officer to appear before such court at a time and place in said order to be named, to undergo an examination under oath touching his ability and means to satisfy said judgment, and in case of neglect or refusal on the part of such judgment debtor or, in the case of a corporate debtor, its chief officer to obey such order, such court is hereby authorized to issue a writ of attachment against said debtor, as now provided by law, and to punish him or, in the case of a corporate debtor, its chief officer for contempt.
2. Any prosecuting attorney or circuit attorney may grant use immunity from prosecution to a judgment debtor for any statement made at a judgment debtor's examination conducted pursuant to subsection 1 of this section. Such use immunity from prosecution shall protect such person from prosecution for any offense related to the content of the statements made.
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(RSMo 1939 § 1391, A.L. 1959 H.B. 372, A.L. 1978 H.B. 1634, A.L. 1993 S.B. 180)
Prior revisions: 1929 § 1227; 1919 § 1679; 1909 § 2248
(2012) In judgment debtor's examination conducted under section, provision of use immunity did not include derivative use immunity and thus was not coextensive with the parties' constitutional privilege against self-incrimination; trial court order compelling their testimony was an abuse of discretion. State ex rel. Nothum v. Walsh, 380 S.W.3d 557 (Mo.banc).
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.385 - Showing of reasonable ground for order required.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 02 Jan 1979, see footnote
513.385. Showing of reasonable ground for order required. —
The order above provided for shall issue only in case it be made to appear to the court or judge, by affidavit or other evidence satisfactory to the court or judge, that there is reasonable ground to believe that such judgment debtor has property subject to execution, or has conveyed or attempted to convey his property, with a design to defraud, hinder or delay his creditors, such affidavit to be made to the best of the knowledge and belief of the affiant.
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(RSMo 1939 § 1392, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1228; 1919 § 1680; 1909 § 2249
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.390 - Proceedings in court — referee may be appointed — evidence recorded — signed.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
• Effective - 28 Aug 1939
513.390. Proceedings in court — referee may be appointed — evidence recorded — signed. —
The examination provided for in this chapter shall be summary, and either party named in the writ of fieri facias may be examined as a witness in the inquiry, and the court or judge may appoint a referee, who shall have full power and authority to hear and reduce to writing the evidence of the parties to the writ, and to administer such oaths or affirmations as may be necessary for the purposes of the investigations, the referee being hereby authorized to administer oaths or affirmations to the witness, in the same manner and with like effect as magistrates or other officer now authorized by law to administer oaths or affirmations. Said referee shall hear the evidence in the cause promptly and report such evidence to the court or judge in writing. The evidence of each party sworn as a witness and testifying, and reduced to writing, by order of the court or by the referee as aforesaid, shall be subscribed by the witness, and a jurat shall be attached thereto by the referee or the clerk of the court.
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(RSMo 1939 § 1393)
Prior revisions: 1929 § 1229; 1919 § 1681; 1909 § 2250
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.395 - Opinion of court in writing to be filed — effect thereof — costs, how adjudged.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
• Effective - 28 Aug 1939
513.395. Opinion of court in writing to be filed — effect thereof — costs, how adjudged. —
In case it be found by said court or judge thereof, on an examination of the parties to the writ of fieri facias, or either of them, or of the written evidence of the parties, or either of them, taken by the referee aforesaid, that said debtor has and owns property, real, personal or mixed, which ought to be applied to the payment, in whole or in part, of said judgment, or other judgment against the party defendant, being a prior lien thereon, said court or judge thereof shall deliver an opinion in writing so stating, and the costs of the proceedings shall be adjudged accordingly against the defendant; but in case the opinion of the court, or judge thereof, be that such debtor has no such property so applicable, then the costs shall be adjudged against the plaintiff, and all costs accruing in the case due to clerks, sheriffs or other officers shall be the same as are allowed by law for similar services in suits at law. The opinion of the court, or the judge thereof, shall be filed in the clerk's office of such court, and shall have no other or different effect in law, as to title, than as provided herein.
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(RSMo 1939 § 1394)
Prior revisions: 1929 § 1230; 1919 § 1682; 1909 § 2251
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.400 - Fees of referee to be allowed by court.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
• Effective - 28 Aug 1939
513.400. Fees of referee to be allowed by court. —
Such fees shall be allowed to referees appointed and acting under the provisions of sections 513.390 to 513.405, as the court or judge thereof appointing them shall adjudge to be a fair and just compensation for the services rendered, not to exceed ten dollars per day, which shall be taxed as costs against the party adjudged to pay the same, and shall, from time to time, be paid as directed by the court.
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(RSMo 1939 § 1395)
Prior revisions: 1929 § 1231; 1919 § 1683; 1909 § 2252
2023 Missouri Revised Statutes › Title XXXV - Civil Procedure and Limitations › Chapter 513 - Executions and Exemptions › Section 513.410 - Execution against city returned unsatisfied, officers compelled by mandamus to levy.

Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 513
Effective - 28 Aug 1939
513.410. Execution against city returned unsatisfied, officers compelled by mandamus to levy. —
Whenever an execution, issued out of any court of record in this state, against any incorporated town or city, shall be returned unsatisfied, in whole or in part, for want of property whereon to levy, such court at the return term or any subsequent term thereof shall, by writ of mandamus, order and compel the chief officer, trustees, council and all other proper officers of such city or town, to levy, assess and collect the annual taxes in such town or city from year to year, as occasion may require, within the constitutional limits, and order the same, when collected by the proper officer or officers, to be paid to the execution creditor, his agent or assigns, except such amount as may be necessary to pay the reasonable salary allowed by law to the mayor, council, assessor, marshal, constable, attorney and a reasonable police force of any such town or city.
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(RSMo 1939 § 1397)
Prior revisions: 1929 § 1233; 1919 § 1685; 1909 § 2254