§ 16-66-407 — Expiration of term, death, etc., of officer after levy

(a) Where an officer has levied upon any goods and chattels, real estate, or other effects, by virtue of any execution, and the term of service of the officer expires and is terminated before or after the sale thereof, and before the purchaser has obtained a deed therefor, the officer shall nevertheless have power to do and perform all things in relation to the execution, and the sale of the property, and in making and acknowledging a deed to the purchaser, to all intents and purposes, as if his or her term of service had not expired. The officer and his or her securities shall be subject to the same penalties, actions, proceedings, and judgments for neglect, misconduct, or failure therein, as if he or she had still continued in office. (b) When any officer dies or is removed from office, or is otherwise disqualified from acting, after having taken in execution any goods and chattels, real estate, shares, or other effects, and before sale thereof, the sheriff or coroner then in office shall proceed thereon, and do and perform all things remaining to be done and performed in relation to the execution, and the sale of the property, and in making and executing deeds and conveyances therefor, in the same manner and with the same effect as the officer so deceased, removed from office, or disqualified could have done. Rev. Stat., ch. 60, §§ 59, 60; C. & M. Dig., §§ 4357, 4358; Pope's Dig., §§ 5369, 5370; A.S.A. 1947, §§ 30-415, 30-416.