§ 25-1532.Sale upon execution; deed to purchaser.
Article 15: Execution, Exemptions, and Foreign Judgments · Not amended since original codification · Last verified July 22, 2026
Full Text of § 25-1532
Source
R.S.1867, Code § 499, p. 478; R.S.1913, § 8078; C.S.1922, § 9014; C.S.1929, § 20-1532; R.S.1943, § 25-1532.
Plain-English Summary
Section 25-1532 defines the quality of title an execution sale purchaser receives. When a sheriff or other officer sells lands and tenements, or any part of them, under a writ or writs of execution, the officer must make the purchaser as good and sufficient a deed of conveyance as the person or persons against whom the execution issued could have made themselves — measured at the time the property became liable to the judgment, or at any time after that.
The purchaser steps into the debtor’s shoes for title purposes, no better and no worse. If the debtor’s interest was limited or encumbered when the judgment attached, the deed conveys that same limited interest; the execution sale does not manufacture a cleaner title than the debtor held.
Frequently Asked Questions
What type of title does a purchaser get at an execution sale of land?
The same title the judgment debtor could have conveyed, measured at the time the property became liable to the judgment or at any later point.
Does the purchaser get better title than the debtor had?
No. The deed conveys only as good an estate as the debtor could have made, so any limits or encumbrances on the debtor’s interest carry over.
Does this rule change when multiple executions were involved in the sale?
No. Section 25-1532 refers to sales under a writ or writs of execution, and the same standard applies regardless of how many writs authorized the sale.
Who is responsible for preparing and delivering this deed?
The sheriff or other officer who conducted the sale.
Does this section describe what the deed must say, or just what interest it conveys?
It addresses the interest conveyed. Section 25-1533 covers the deed’s required content and its evidentiary effect.