66-801. Action to enforce mortgage or deed of trust; sale by sheriff; confirmation by court; sheriff's deed.
66-801
66-801. Action to enforce mortgage or deed of trust; sale by sheriff;confirmation by court; sheriff's deed.In actions to enforce a mortgage or deed of trust executed by anyrailroad company upon its railroad or other property, or any portionthereof, if the property mortgaged shall be situated in more than onecounty in this state the district court of any one of such counties shallhave jurisdiction to render judgment against such company for the amountfound due in the same manner as is now provided by law concerning otherdebts secured by mortgage on real property, and to decree and enter anorder for the sale of said mortgaged property, and to provide for the termsand method of payment of the purchase price of the property ordered to besold; which order shall be directed to the sheriff of any or either of thecounties in which said mortgaged property is situated. And the sheriff towhom such order may be directed shall have power to sell the whole of saidproperty pursuant to the order of the court, and make return of hisproceedings in the same manner as may be provided by law in ordinary casesof the foreclosure of mortgages upon real estate; and upon the coming intocourt of the return of the sale by the sheriff, if the same shall be foundto have been made in compliance with the order of the court, the courtshall thereupon confirm the sale, vesting in the purchaser title to theproperty sold, and order the execution of a deed by the sheriff, as in thecase of the sale of real estate upon execution or other final process.
History: L. 1876, ch. 108, § 1; March 2; R.S. 1923, 66-801.