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28 U.S.C. § 2003Marshal’s incapacity after levy on or sale of realty

submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 150 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section addresses Marshal’s incapacity after levy on or sale of realty. It states the definitions, duties, permissions, limits, or procedures set out in the section.

Whenever a United States marshal dies, is removed from office, or the term of his commission expires, after levying on realty or any interest in it under a writ of execution issued by a court of the United States, and before sale or other final disposition of it, like process must issue to the succeeding marshal and the same proceedings must be had as if such contingency had not occurred. Whenever any such contingency arises after a marshal has sold any realty or interest in it and before a deed is executed, the court may, on application by the purchaser, or the plaintiff in whose action the sale was made, setting forth the facts of the case and the reason why the title was not perfected by such marshal, order the succeeding marshal to perfect the title and execute a deed to the purchaser, upon payment of the purchase money and unpaid costs.
the actual law source: uscode.house.gov ↗public domain

Whenever a United States marshal dies, is removed from office, or the term of his commission expires, after levying on realty or any interest therein under a writ of execution issued by a court of the United States, and before sale or other final disposition thereof, like process shall issue to the succeeding marshal and the same proceedings shall be had as if such contingency had not occurred.

Whenever any such contingency arises after a marshal has sold any realty or interest therein and before a deed is executed, the court may, on application by the purchaser, or the plaintiff in whose action the sale was made, setting forth the facts of the case and the reason why the title was not perfected by such marshal, order the succeeding marshal to perfect the title and execute a deed to the purchaser, upon payment of the purchase money and unpaid costs.

Source credit: (June 25, 1948, ch. 646, 62 Stat. 959; May 24, 1949, ch. 139, § 101, 63 Stat. 104.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 959
  • 1949Amended · Act of May 24, 1949, ch. 139 · 63 Stat. 104

A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.

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