13-3-181 - Duty of officer to examine judgment-roll; priority of liens. - Mississippi Statutes

§ 13-3-181. Duty of officer to examine judgment-roll; priority of liens.
 

After the sale of any property by the sheriff or other officer on execution, before the money is paid over by him, he shall examine the judgment-roll to ascertain if there by any elder judgment or judgments, decree or decrees, enrolled against the defendant or defendants in execution, having a priority of lien. If there be, he shall apply the proceeds of the sale to the judgment or decree having the priority of lien, and return such application upon the execution. Should there by any dispute as to which judgment or decree has the priority of lien, the officer shall make a statement of the fact of the dispute, and return the same, with the execution and the money raised thereon, into the court to which the same is returnable, and the court shall, on motion and examination of the facts, determine to whom the money so raised on execution shall be paid. 
 

Sources: Codes, 1880, § 1762; 1892, § 3495; 1906, § 3993; Hemingway's 1917, § 3000; 1930, § 3046; 1942, § 1934.