Section 34.25.040. Deeds on judicial sales.

   (a) A judicial sale of real property is valid and sufficient in law to sustain a deed based on the sale when
        (1) the sale is heretofore or hereafter made in the state on execution to satisfy a judgment, order, or decree of a court in the state or is made under an order or decree of a court in the state;
        (2) the money bid on the property is paid to the officer making the sale, or to the officer's successor; and
        (3) the sale is confirmed or acquiesced in by the court from which the execution issued or where the order or decree was entered.
   (b) When no deed has been executed, a judicial sale that satisfies the conditions of (a) of this section entitles a purchaser at the sale to a deed.
   (c) The deed, when executed and delivered, is sufficient to convey all the title of the judgment debtor or other person affected by the order or decree in the premises sold to the purchaser at the sale.
   (d) All defects and irregularities in the proceedings or suit in which execution issues or in which the order or decree is entered, in the issuance of the execution, in obtaining the order or decree of the court, or in the manner of making or conducting the sale shall be disregarded if no suit is filed in a court of record in the judicial district where the real property affected by the deed is located within 10 years from the date of the deed, to have the deed set aside, altered, or otherwise changed or reformed.

Notes

History

(Sec. 22-3-41 ACLA 1949; am Sec. 3 ch 76 SLA 1953)