Page:1862 Territory of Dakota Session Laws.pdf/137

120 sheriff of the county. They may be directed to different counties at the same time.

. 431. Executions are of three kinds: 1. Against the property of the judgment debtor. 2. For the delivery of the possession of real property, with damages for withholding the same, and costs.

. 432. Lands, tenements, goods, and chattels, not exempt by law, shall be subject to the payment of debts, and shall be liable to be taken on execution, and sold as hereinafter provided.

. 433. All lands, as well as goods and chattels of the debtor, not exempt by law from levy, seizure, and sale under an execution, shall be bound from the time they shall be seized in execution.

. 434. If execution shall not be sued out within five years from the date of any judgment, that now is or may hereafter be rendered in any court of record in this territory; or if five years shall have intervened between the date of the last execution issued on such judgment and the time of sueing out another writ of execution thereon, such judgment shall become dormant, and shall cease to operate as a lien on the estate of the judgment debtor.

. 435. The writ of execution against the property of the judgment debtor, issuing from any court of record in this territory, shall command the officer, to whom it is directed, that of the goods and chattels of the debtor, he cause to be made the money specified in the writ; and for want of goods and chattels, he cause the same to be made of the lands and tenements of the debtor; and the exact amount of the debt, damages, and costs, for which the judgment is entered, shall be indorsed on the execution.

. 436. When two or more writs of execution against the same debtor shall be sued out during the term in which judgment was rendered, or within ten days thereafter, and when two or more writs of execution against the same debtor shall be delivered to the officer on the same day, no preference shall be given to either of such writs; but if a sufficient sum