SEC. 11-33-71. Property of certain kind to be sold pending suit.
When goods and chattels levied upon under an attachment are in danger of immediate waste and decay, or when live stock, or a stock of goods of any kind, is so levied upon, and the same is not replevied by the defendant or claimant, the officer holding them may sell them as like property is required to be sold under execution. The proceeds of such sale shall be held by the officer to abide the result of the suit, unless replevied. The owner of such goods may replevy the same, as in other cases, at any time before sale, and after sale, the money. If the term of court to which the writ of attachment is returnable commences within fifteen days of the levy, none of the property, except such as may be in danger of immediate waste and decay, shall be sold until after the court is held; and if the cause be continued, the property may then be sold.
SOURCES: Codes, Hutchinson's 1848, ch. 56, art. 4 (22); 1857, ch. 52, art. 17; 1871, Secs. 1466 et seq.; 1880, Sec. 2462; 1892, Sec. 160; 1906, Sec. 164; Hemingway's 1917, Sec. 156; 1930, Sec. 154; 1942, Sec. 2710.