§ 15-19-560 — Verdict or decision shall state whether amount found is for purchase money; order of sale.

In all actions tried by a jury when the plaintiff claims that the action is brought for the recovery of the purchase money for the property attached if the jury find for the plaintiff they shall also state in their verdict whether or not the amount found is for the purchase money of the property attached. And in all cases tried by a judge, he shall, if he decides in favor of the plaintiff, certify whether or not the debt so found by him is for the purchase money of the property seized under the warrant of attachment. In such cases the judge shall direct that the attached property shall be sold by the sheriff or constable and the proceeds arising from such sale be applied in payment of the plaintiff's debt and costs and the surplus, if any, paid over to the defendant.

Legislative History

HISTORY: 1962 Code SECTION 10-956; 1952 Code SECTION 10-956; 1942 Code SECTION 550; 1932 Code SECTION 550; Civ. P. '22 SECTION 523; Civ. P. '12 SECTION 302; 1904 (24) 452.