Executions.The plaintiff wishing to execute his judgment must apply to the clerk of the court rendering it, who will issue a writ directed to the sheriff of the county, ordering a seizure and sale of sufficient property of the defendant to satisfy the judgment and costs. Lands, tenements, goods and chattels not exempt by law are subject to the payment of debts and are liable to he taken on execution and sold. All real estate, not bound by the lien of the judgment, as well as goods and chattels of the debtor, are bound from the time they are seized in execution. If execution is not sued out within five years from the date of any judgment, including judgments in favor of the state or any municipality in the state, or if five years intervene between the date of the last execution issued on such judgment and the time of suing out another writ of execution thereon, such judgment becomes dormant and ceases to operate as a lien on the estate of the judgment debtor.
The officer who levies upon goods and chattels, by virtue of an execution issued by a court of record, before he proceeds to sell the same, must cause public notice to be given of the time and place of sale. The notice must be given by advertisement, published in some newspaper printed in the county, or if none is printed therein by posting advertisements in five public places in the county. Two advertisements must be put up in the township where the sale is to be held. Lands and tenements taken on execution must not be sold until the officer cause public notice of the time and place of sale to be given for at least 30 days before the day of sale. All sales of lands or tenements under execution must be held at the court-house in the county where they are situated. The officer to whom a writ of execution is delivered must proceed immediately to levy the same upon the goods and chattels of the debtor; but if no goods and chattels can he found the officer indorses on the writ of execution "No goods," and forthwith levies upon the lands and tenements of the debtor which may be liable to satisfy the judgment. If any of such lands and tenements be encumbered by mortgage or any other lien, or liens, such lands and tenements may be levied upon and appraised and sold subject to such lien or liens, which must be stated in the appraisement. If on any sale made there is in the hands of the sheriff or other officer more money than is sufficient to satisfy the writ or writs of execution, with interest and costs, the balance must be paid to the defendant or his legal representatives. The defendant owner may redeem any real property sold under execution, at the amount sold for, together with interest, costs and taxes, at any time within eighteen months from the day of sale, and shall in the meantime be entitled to the possession of the property. If he leaves the property it is deemed a forfeiture of his rights.Pages 604-605 from volume I of Kansas: a cyclopedia of state history, embracing events, institutions, industries, counties, cities, towns, prominent persons, etc. ... / with a supplementary volume devoted to selected personal history and reminiscence. Standard Pub. Co. Chicago : 1912. 3 v. in 4. : front., ill., ports.; 28 cm. Vols. I-II edited by Frank W. Blackmar. Transcribed May 2002 by Carolyn Ward.
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