633.394 Order to sell, mortgage, pledge, exchange or lease to be refused if bond given. 1. Bond to prevent sale. Any person interested in the estate may prevent a sale, mortgage, pledge, exchange or lease of the whole or any part of the real estate or personalproperty for any purpose, by giving bond to the satisfaction of the court, conditioned thatthe person will pay such demands against the estate as the court shall require, not to exceedthe value of the property thus kept from sale, mortgage, pledge, exchange, or lease, as soonas called upon by the court for that purpose. 2. Breach of bond — procedure. If the conditions of such bond are broken, the property will be liable for the debts, unless it has passed into the hands of innocent purchasers, andthe executor or administrator may take possession thereof and sell it under the direction ofthe court, or may prosecute the bond, or pursue both remedies at the same time, if the courtso directs. 3. Effect of bond. If the conditions of the bond are complied with, the property shall pass by devise, bequest, distribution, or descent in the same manner as though there had been nodebts against the estate. of bond. If the conditions of the bond are complied with, the property shall pass by devise, bequest, distribution, or descent in the same manner as though there had been nodebts against the estate. [C51, §1351 – 1353; R60, §2383 – 2385; C73, §2396 – 2398; C97, §3328, 3329; C24, 27, 31, 35, 39, §11941 – 11943; C46, 50, 54, 58, 62, §635.30 – 635.32; C66, 71, 73, 75, 77, 79, 81, §633.394] Sat Dec 23 11:25:44 2023 Iowa Code 2024, Section 633.394 (34, 0)
Iowa Legal Code