§ 1487.Sheriff's, Administrator's Or Guardian's Sale - Purchase Price to Be Refunded On Recovery of Land
Chapter 27: Occupying Claimants · Not amended since adoption on record · Last verified August 3, 2026
Full Text of § 1487
Amendment History
R.L. 1910, § 4939.
Plain-English Summary
This section protects buyers at estate and execution sales when the sale later gets undone. If land sold by an executor, administrator, guardian, sheriff, or court commissioner is later recovered by the person originally liable for the underlying demand or judgment, by whoever the land would otherwise be liable to, by whoever the sale benefited, or by anyone claiming under one of them, the recovering plaintiff doesn't just walk back into possession.
Before taking possession, the plaintiff has to refund the purchase money, with interest, to whoever bought the land at that sale. The plaintiff does get a credit against that refund, though: the value of the use, rents, and profits, and any injury from waste and cultivation, gets deducted, assessed under this chapter's procedures.
Frequently Asked Questions
If I buy land at a sheriff's or administrator's sale and someone later recovers it, do they owe me anything?
Yes. Section 1487 requires the recovering plaintiff to refund your purchase money, with interest, before taking possession.
Does the plaintiff have to pay back the full purchase price?
Not necessarily -- the plaintiff deducts the value of the use, rents, profits, and any injury from waste and cultivation, as assessed under this chapter.
Does this apply to guardian's sales too, or just sheriff's sales?
It covers sales by an executor, administrator, guardian, sheriff, or commissioner of court alike.