§ 16-118-104 — Vendor's action for recovery of property

(a) In any action brought in the courts of this state for the recovery of money contracted for property in possession of the vendee, it shall not be lawful to include the property in any schedule intended to protect the property, or exempt it from seizure on attachment or sale on execution or other process issued from any court for the collection of any debt upon the claim of the plaintiff. (b) In any such action the court or clerk shall issue, on petition of the plaintiff, duly verified, describing the property and stating its value at or after commencement of the action, an order, which may be embodied in the original summons if the order is issued at the same time as the original, stating the name of the court and the style of the action and directing the county sheriff or other officer to take the property described in the petition and hold it subject to the orders of the court. (c) The defendant may give bond for the retention of the property as in cases of orders of delivery of personal property. (d) When it appears by affidavit of the plaintiff or by the return of the order of the court, or when it is shown by the plaintiff's petition, that the property has been disposed of or concealed so that the order cannot be executed, the court may compel the attendance of the defendant and examine him or her on oath as to the situation of the property, and the court punish a disobedience of its order as in cases of contempt.

Legislative History

Acts 1877, No. 48, §§ 1-4, p. 47; C. & M. Dig., §§ 8729-8732; Pope's Dig., §§ 11422-11425; A.S.A. 1947, §§ 34-2301 -- 34-2304.