633.394 - ORDER TO SELL, MORTGAGE, PLEDGE, EXCHANGE OR LEASE TO BE REFUSED IF BOND GIVEN.
633.394 ORDER TO SELL, MORTGAGE, PLEDGE, EXCHANGE OR LEASE TO BE REFUSED IF BOND GIVEN. 1. Bond to prevent sale. Any person interested in the estate may prevent a sale, mortgage, pledge, exchange or lease of the whole or any part of the real estate or personal property for any purpose, by giving bond to the satisfaction of the court, conditioned that the person will pay such demands against the estate as the court shall require, not to exceed the value of the property thus kept from sale, mortgage, pledge, exchange, or lease, as soon as called upon by the court for that purpose. 2. Breach of bond -- procedure. If the conditions of such bond are broken, the property will be liable for the debts, unless it has passed into the hands of innocent purchasers, and the executor or administrator may take possession thereof and sell it under the direction of the court, or may prosecute the bond, or pursue both remedies at the same time, if the court so directs. 3. Effect of bond. If the conditions of the bond are complied with, the property shall pass by devise, bequest, distribution, or descent in the same manner as though there had been no debts against the estate.
Section History: Early Form [C51, § 1351--1353; R60, § 2383--2385; C73, § 2396--2398; C97, § 3328, 3329; C24, 27, 31, 35, 39, § 11941--11943; C46, 50, 54, 58, 62, § 635.30--635.32; C66, 71, 73, 75, 77, 79, 81, § 633.394] Referred to in § 633.22