CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.
ARTICLE 12. JUDICIAL SALES.
§55-12-1. Order for sale of property; terms; sale by special
commissioner or receiver; bond; deposit of
A court, in a suit properly pending therein, may make a decree
or order for the sale of property in any part of the state, and may
direct the sale to be for cash, or on such credit and terms as it
may deem best; and it may appoint a special commissioner or special
receiver to make such sale. Every special commissioner or special
receiver appointed under this section shall be a resident of the
state of West Virginia, and he shall make no sale and shall receive
no money under a decree or order until he give a bond with approved
security before the said court or its clerk, conditioned as the law
requires for the faithful accounting therefor and with the further
condition that he will deposit in his name as such special
commissioner or special receiver all moneys received by him as such
special commissioner or special receiver in one or more banks in
the county in which the suit or cause is properly instituted, and
will not remove the same therefrom without the order or decree of
distribution of the presiding judge; and any special commissioner
or special receiver violating the conditions of his bond or the
provisions of this section by making a sale or receiving money
before executing bond as aforesaid, or failing to deposit the money
in one or more banks in the county in which the suit or cause is
properly instituted as aforesaid, or failing to keep the same
therein subject to a decree of distribution, shall be guilty of a
misdemeanor and shall be punished by a fine of not less than
twenty-five nor more than one hundred dollars and may be imprisoned in the county jail for a term not to exceed ten days.
§55-12-2. Notice of sale; contents; publication.
Whenever a court shall decree the sale of real estate, if it
appear to the court that such real estate is of the value of five
hundred dollars or more, it shall prescribe in the decree that such
sale shall be advertised in a newspaper by the commissioner or
person appointed to make the sale. It shall always be advertised
as a Class III legal advertisement in compliance with the
provisions of article three, chapter fifty-nine of this code, and
the publication area for such publication shall be the county where
the real estate to be sold is situate. In the advertisement the
commissioner shall state the time, terms and place of sale,
together with a description of the property to be sold: Provided,
That nothing herein shall be construed to limit the power of the
court to direct sales of lands to be advertised in newspapers where
the value may be less than five hundred dollars.
§55-12-3. Certificate as to bond to be appended to notice of
sale; effect thereof.
Every notice of such sale shall have appended to it the
certificate of such clerk that bond and security has been given by
the commissioner or special receiver as required by law. When such
certificate shall have been published (or posted, when the notice
is posted in lieu of publication) with an advertisement of the sale
of property, or when such bond shall have been given prior to a
sale not publicly advertised, any person purchasing such property
in pursuance of such advertisement, or in pursuance of the decree
or order of sale, shall be relieved of all liability for the
purchase money, or any part thereof, which he may pay to any
commissioner or special receiver as to whom a proper certificate
shall have been appended to such advertisement, or who shall have
given the bond aforesaid.
§55-12-4. Report of sale.
The said special commissioner or special receiver shall, after
the last payment required by said decree of sale or decree
confirming said sale is made, make report to the court in writing,
at the next term of the court thereafter, showing how the proceeds
of said sale have been applied by him; which report shall be
approved and entered of record in the chancery order book and filed
with the papers in the cause. If from any cause said report
showing a final settlement cannot be made within the time
aforesaid, the court may enter an order extending the time for a
final report to be made. If said commissioner or special receiver
fail to make such report, as aforesaid, he shall be deemed guilty
of a misdemeanor and, upon conviction thereof, shall be fined not
less than fifty nor more than five hundred dollars.
§55-12-5. When sheriff to execute decree or order of sale.
Where no special commissioner or special receiver is appointed
for the purpose, a decree or order of court for the sale of
property shall be executed by the sheriff who attends such court,
unless the place of sale be out of his county, in which case the
sale shall be by the sheriff of the county wherein the place of
sale is. Any sheriff or other officer receiving money under any
order or decree shall pay the same and account therefor as the
court may order; and if he fail so to do, he and the sureties in
his official bond shall be liable therefor.
§55-12-6. Rate of commission for services of special commissioner.
For the services of commissioners or officers under any decree
or order for a sale, including the collection and paying over of
the proceeds, there shall not be allowed any greater commission
than five percent of the amount received by them, unless the court
otherwise order. And if a sale be made by one commissioner or
officer and the proceeds be collected by another, the court under
whose decree or order they acted shall apportion the commission
between them as may be just.
§55-12-7. Appointment of commissioner to execute deed; effect of
A court of law or equity, in a suit in which it is proper to
decree or order the execution of any deed or writing, may appoint
a commissioner to execute the same; and the execution thereof shall
be as valid to pass, release, or extinguish the right, title and
interest of the party on whose behalf it is executed, as if such
party had been at the time capable in law of executing the same and
had executed it.
§55-12-8. Title of purchaser not affected by reversal of decree of
sale; restitution of proceeds.
If a sale of property be made under a decree or order of a
court, and such sale be confirmed, though such decree or order be
afterwards reversed or set aside, the title of the purchaser at
such sale shall not be affected thereby; but there may be
restitution of the proceeds of sale to those entitled.