2021 New Mexico Statutes
Chapter 39 - Judgments, Costs, Appeals
Article 5 - Sales Under Execution and Foreclosure
Section 39-5-3 - [Contents of sale notices.]
All notices of sale by sheriffs under execution, order or decree of any district court in this state shall contain as briefly as possible the style or title of the cause in which said judgment, order or decree was obtained, the nature of the action, the date of the rendition of said judgment, or the making of said order or decree, the amount thereof, with interest to date of sale, and the description of the property to be sold, sufficient for the complete identification thereof, together with a statement of the date, hour and conditions of said sale.
History: Laws 1887, ch. 36, § 4; C.L. 1897, § 3115; Code 1915, § 2198; C.S. 1929, § 46-109; 1941 Comp., § 21-203; 1953 Comp., § 24-2-3.
ANNOTATIONSFailure to state principal and interest. — Where the amount is stated for which the property will be sold, but the statement is informal in not stating the amount of principal and interest, it is not sufficient to avoid the sale. Dewitz v. Joyce-Pruitt Co., 1915-NMSC-064, 20 N.M. 572, 151 P. 237.
Specific property. — This execution is not one for enforcement of liens upon specific property, such as mortgages and the like. Crowell v. Kopp, 1919-NMSC-065, 26 N.M. 146, 189 P. 652.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 30 Am. Jur. 2d Executions § 465 et seq.
33 C.J.S. Executions § 211; 50 C.J.S. Judicial Sales § 10.
