A special execution shall set forth in substance the portions of the judgment which command the sale or delivery of specific property and the amount of costs or damages, if any, and shall require the officer:
1. If the judgment directs the sale of specific real or personal property, to make sale of such property as directed in the judgment.
2. If the judgment is for the delivery of possession of real or personal property, to deliver possession of the property to the party entitled thereto, and at the same time to satisfy any costs, damages, rents, or profits given by the same judgment, out of the personal property of the person against whom the judgment was given, and the value of the property for which judgment was given shall be specified in the officer's return if a delivery cannot be had. If sufficient personal property cannot be found, the judgment shall be satisfied out of the real property as in the case of a general execution.
Notes of Decisions
Cited in
4
cases, 1968–1984 · leading case:
Walker v. Davies, 550 P.2d 230 (Ariz. 1976).
Walker v. Davies, 550 P.2d 230 (Ariz. 1976).
· cites it 2× “) Since the judgment in the second action resulted in a foreclosure of a judgment lien a special execution was the proper form to issue therefrom, and A.R.S. § 12-1554(1) governs: “A special execution shall set forth in substance the portions of the judgment which command the…”
Wolfswinkel v. Superior Court of Giles Cnty., 700 P.2d 852 (Ariz. Ct. App. 1984).
· cites it 2× “Under A.R.S. § 12-1554, a special execution must set forth in substance those portions of the judgment which command a sale or delivery of specific property and the amount of cost or damages if any.”
Clifford L. v. Superior Court, 700 P.2d 852 (Ariz. Ct. App. 1984).
· cites it 2× “Under A.R.S. § 12-1554, a special execution must set forth in substance those portions of the judgment which command a sale or delivery of specific property and the amount of cost or damages if any.”
Londen v. Hay, 445 P.2d 852 (Ariz. Ct. App. 1968).
· cites it 2× “See A.R.S. § 12-1554. It is at this point in the judicial process that the foreclosure procedure-varies in that the place of sale and the-right of redemption with reference to personal property differs from that with reference to real property.”
— Ariz. Rev. Stat. § 12-1554(1) — 1 case
Walker v. Davies, 550 P.2d 230 (Ariz. 1976).
“) Since the judgment in the second action resulted in a foreclosure of a judgment lien a special execution was the proper form to issue therefrom, and A.R.S. § 12-1554(1) governs: “A special execution shall set forth in substance the portions of the judgment which command the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.