89-11-19 - How real estate subjected to payments of debts.
§ 89-11-19. How real estate subjected to payments of debts.
If the personal property of a deceased owner of escheated property be insufficient for the payment of his debts, or if there be no personal property, the petition of the creditor must show the fact. In such case the court will require the land commissioner to be notified of the pendency of the petition, and he may appear and contest the petition. And if the real estate be decreed subject to the payment of debts, the court will order the sale of a sufficiency thereof for that purpose, and require any balance of proceeds to be paid into the state treasury through the land office.
Sources: Codes, 1892, 1710; 1906, § 1887; Hemingway's 1917, § 1530; 1930, § 1520; 1942, § 489.