13-3-179 - Procedure to be followed where property is not delivered by representatives of deceased officer taking property.
§ 13-3-179. Procedure to be followed where property is not delivered by representatives of deceased officer taking property.
If the representatives of the deceased officer shall refuse or neglect to deliver the property on demand, or if there shall not be an executor or administrator of his estate, the officer having the writ of venditioni exponas may seize the property taken by the former officer wherever it may be found, and sell the same as in other cases, or the plaintiff may move in the court from which the execution issued against the representatives of the deceased officer and his sureties, and thereupon a judgment shall be entered against the representatives of the deceased officer and his sureties for the amount of the execution which came to the hands of such deceased officer, with interest and costs.
Sources: Codes, Hutchinson's 1848, ch. 62, art. 1 (52); 1857, ch. 61, art. 293; 1871, § 857; 1880, § 1772; 1892, § 3494; 1906, § 3992; Hemingway's 1917, § 2999; 1930, § 3045; 1942, § 1933.