§ 25-1534.Sale of lands and chattels; printer's fees to be advanced; effect of noncompliance.
Article 15: Execution, Exemptions, and Foreign Judgments · Not amended since original codification · Last verified July 22, 2026
Full Text of § 25-1534
Source
R.S.1867, Code § 501, p. 479; R.S.1913, § 8080; C.S.1922, § 9016; C.S.1929, § 20-1534; R.S.1943, § 25-1534.
Plain-English Summary
Publishing a sale notice costs money, and section 25-1534 makes clear who fronts it. The officer who levies on goods and chattels, or on lands and tenements, or who is charged with selling that property under a writ or execution, may refuse to publish the required newspaper notice of the sale until the party who benefits from the execution — or that party’s agent or attorney — advances enough money to cover the printer’s fee for publishing the notice.
This is a protection for the officer, not an independent notice requirement. It works together with the publication rules in sections 25-1525 and 25-1529: the officer is not obligated to pay publication costs out of pocket, and can hold the notice back until the creditor covers that expense.
Frequently Asked Questions
Who pays for the newspaper notice of an execution sale?
The party who benefits from the execution ultimately advances the printer’s fee; the officer can refuse to publish until that money is advanced.
Can the officer skip the notice outright if no one advances the fee?
Section 25-1534 lets the officer refuse to publish until the fee is advanced, but section 25-1535 requires the officer to demand the fee first before being excused from giving the notice.
Does this apply to both goods and land sales?
Yes. It covers officers levying on goods and chattels as well as lands and tenements.
What if the judgment creditor’s agent or attorney advances the fee instead of the creditor personally?
The section treats an advance from the party, the party’s agent, or the party’s attorney the same way.
Does advancing the printer’s fee guarantee the sale will happen?
Advancing the fee covers the notice requirement; other sections govern whether the sale itself proceeds, such as the presence of bidders and proper confirmation.