Missouri Revised Statutes

Mo. Rev. Stat. § 513.100 (2026)

Defendant may elect what property to be first sold

✓ current as of May 2026

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513.100. Defendant may elect what property to be first sold. — The person whose goods, chattels and real estate are taken in execution may elect what part thereof shall be first sold; and if he shall deliver to the officer having charge thereof a statement, in writing, of such election, three days before the day appointed for the sale, stating specifically what goods, chattels and real estate he desires to be first sold, and so on, until the execution be satisfied, the officer shall proceed according to such election, until sufficient money shall be made to satisfy the amount in the execution specified and costs.

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(RSMo 1939 § 1351)

Prior revisions: 1929 § 1187; 1919 § 1638; 1909 § 2207

Notes of Decisions

Cited in 2 cases, 1964–1996 · leading case: Griggs v. Miller, 374 S.W.2d 119 (Mo. 1964).

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Griggs v. Miller, 374 S.W.2d 119 (Mo. 1964). · cites it 2× “25 (§ 513.100) provides: "The person whose goods, chattels and real estate are taken in execution may elect what part thereof shall be first sold; and if he shall deliver to the officer having charge thereof a statement, in writing, of such election, three days before the day…”

Sisk v. McIlroy & Assocs., 934 S.W.2d 567 (Mo. Ct. App. 1996). “This was despite § 513.100, which provides: The person whose goods, chattels and real estate are taken in execution may elect what part thereof shall be first sold; and if he shall deliver to the officer having charge thereof a statement, in writing, of such election, three days…”

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