Conduct of sale.
All sales of property under execution must be made at auction, to the highest bidder. After sufficient property has been sold to satisfy the execution, no more can be sold. Neither the officer holding the execution nor his deputy can become a purchaser, or be interested in any purchase, at such sale. When the sale is of personal property, capable of manual delivery, it must be sold in such parcels as are likely to bring the highest price; and when the sale is of real property, consisting of several known lots or parcels, they must be sold separately, or when a portion of such real property is claimed by a third person, and he requires it to be sold separately, such portion must be thus sold. The judgment debtor, if present at the sale, may also direct the order in which property, real or personal, shall be sold, when such property consists of several known lots or parcels, or of articles which can be sold to advantage separately, and the sheriff must follow such directions.
Notes of Decisions
Cited in
11
cases, 1950–2018 · leading case:
Suchan v. Suchan, 741 P.2d 1289 (Idaho 1987).
Suchan v. Suchan, 741 P.2d 1289 (Idaho 1987).
· cites it 12× “In the instant case, George, the execution debtor, directed the order of sale of parcels under the express statutory authority of I.C. § 11-304. In Gaskill , a house and garage lay partly on each of the two parcels sold.”
Farm Credit Bank of Spokane v. Stevenson, 869 P.2d 1365 (Idaho 1994).
· cites it 4× “Stevenson also argues that the amended decree of foreclosure and order for sale violates I.C. § 11-304 because it requires that the property be sold as one parcel, rather than in separate lots.”
Fulton v. Duro, 700 P.2d 14 (Idaho 1985).
· cites it 4× “…or parcels, or of articles which can be sold to advantage separately, and the sheriff must follow such directions." I.C. § 11-304.”
Safaris Unlimited, LLC v. Von Jones, 421 P.3d 205 (Idaho 2018).
· cites it 2× “§ 11-201, requires any sale proceeds exceeding the amount of the judgment to be returned to the judgment debtor, I.”
Nixon v. Triber, 595 P.2d 1093 (Idaho 1979).
· cites it 2× “, supra, the sale was set aside because the personal property sold was not available for the bidders to view, as required by I.C. § 11-304. In Terry v. Terry, supra, the sale was void because the sheriff did not sell the real property at the time and place named in the notice of…”
Gaskill v. Neal, 293 P.2d 957 (Idaho 1956).
· cites it 2× “Under the facts and circumstances of this case, the fact that respondent was the purchaser of both lots did not cure the irregularity, and the highest amount offered to be bid at the sale was not accepted by the sheriff.”
Terry v. Terry, 213 P.2d 906 (Idaho 1950).
· cites it 2× “, and Section 11-304, I.C.; Jorgensen v. McAllister, supra; American Fruit Growers, Inc.”
Garren v. Butigan, 539 P.2d 259 (Idaho 1975).
· cites it 3× “The trial court found this sale fell within the provisions of I.C. § 11-304 which requires “ * * * [w]hen the sale is of personal property, capable of manual delivery, it must be within view of those who attend the sale.”
Nez Perce Tribe v. Little Hope Investments, L.L.C., 91 P.3d 1123 (Idaho 2004).
· cites it 11× “§ 11-402 governing redemptions or ruled on whether the sale of the *222 property in separate parcels pursuant to I.C. § 11-304 necessarily dictates that redemption must in like manner be of separate parcels, thus invoking a six-month redemption period.”
Joy Mfg. Co. v. R. S. McClintock Diamond Drilling Co., 291 P.2d 874 (Idaho 1955).
· cites it 2× “The judgment debtor, if present at the sale, may also direct the order in which property, real or personal, shall be sold, when such property consists of several known lots or parcels, or of articles which can be sold to advantage separately, and the sheriff must follow such…”
Ketterer v. Billings, 683 P.2d 868 (Idaho 1984).
· cites it 6× “§ 11-304, the section which describes the manner in which an execution sale is to be conducted, simply states that “[a]ll sales of property under execution must be made at auction, to the highest bidder, between the hours of nine (9:00) in the morning and five (5:00) in the…”
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