2010 Mississippi Code
TITLE 11 - CIVIL PRACTICE AND PROCEDURE
Chapter 5 - Practice and Procedure in Chancery Courts.
11-5-93 - Sales of realty under decrees.

§ 11-5-93. Sales of realty under decrees.
 

Every sale of real estate ordered by a decree of any court of chancery shall be made for cash, unless otherwise ordered by the court, and at such place and on such notice as may be directed in the decree; and if direction be not given, at such place and on such notice as is required in case of sales of land under execution at law. The person making the sale, if made on credit, shall take bond, with sufficient security, in double the amount of the purchase money, payable to the parties entitled to receive the same under the decree, or to such persons as the court may direct, conditioned for the payment of the purchase money, with interest at the rate borne by the decree, to the time when the same, as directed by the decree, shall fall due. Such bond shall be returned and filed in the clerk's office, and if not paid at maturity, shall have the force and effect of a judgment; and the clerk shall issue execution thereon. If any of the obligees be dead, the execution shall be in favor of the survivors and the representatives of those deceased. And in all decrees for the sale of real estate, the chancellor may fix a sum to be paid on sale, and if the sale be not confirmed, the sum so paid shall be returned to the bidder. If the purchaser fail to pay the amount of his bid or to comply with the decree, the amount advanced shall go to the party entitled to the purchase money, and the land shall be resold. 
 

Sources: Codes, Hutchinson's 1848, ch. 54, art. 2 (33); 1857, ch. 62, art. 59; 1871, § 1038; 1880, § 1959; 1892, § 599; 1906, § 649; Hemingway's 1917, § 411; 1930, § 457; 1942, § 1377.
 

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