When any real or personal property is taken in execution, if such property is susceptible of division, it shall be sold in such quantities as may be necessary to satisfy such execution and costs.
Source: R.S. p. 372, § 10. G.L. § 1416. G.S. § 1848. R.S. 08: § 3623. C.L. § 5911. CSA: C. 93, § 10. CRS 53: § 77-1-10. C.R.S. 1963: § 77-1-10.
ANNOTATION
Sale en masse is not always void. The action of the sheriff in selling en masse does not render the sale void at the suit of the execution debtor if it should appear that the property was first offered in parcels and no bids were received — or, if he received bids, that the bid he received for all the property was greater than the aggregate of the bids for the parcels. Leppel v. Kus, 38 Colo. 292, 88 P. 448 (1908).
The presumption exists that the sheriff first offered the property in parcels and there were no bidders, or, if bids were received for the parcels, that the bid for the whole of the property was greater than the aggregate bids in parcels. Leppel v. Kus, 38 Colo. 292, 88 P. 448 (1908).
Proof necessary to overcome presumption. Where it is asserted that this section has not been complied with, there should be proof that a part of the property would have sold for a sum sufficient to satisfy the execution. White v. Crow, 110 U.S. 183 (1884); Leppel v. Kus, 38 Colo. 292, 88 P. 448 (1906).
Only parties to the judgment may object. The facts made it unnecessary to inquire whether the objection to a sale en masse could be successfully made after the time for redemption had passed, where both the party making the objection and the party claiming under the sale were strangers to the judgment. White v. Crow, 110 U.S. 183 (1884).