§ 14-90-1409 - Trial, decree, and sale generally.
14-90-1409. Trial, decree, and sale generally.
(a) (1) Under this subchapter, a suit shall stand for trial at the first term of court, or adjourned day of court, after the complaint is filed, if the four (4) weeks shall expire either before the first day of the term or during the term of court to which the suits are brought, respectively, unless a continuance is granted for good cause shown, within the discretion of the court.
(2) A continuance for good cause shown may be granted as to a part of the lands or defendants without affecting the duty of the court to dispose finally of the others as to whom no continuance may be granted.
(b) (1) In all cases where notice has been properly given as prescribed in 14-90-1408 and where no answer has been filed, or, if filed, and the cause decided for the plaintiff, the court, by its decree, shall grant the relief as requested in the complaint and shall direct the commissioner to sell the lands, lots, blocks, or parcels of land, or railroad tracks and rights-of-way described in the complaint at the courthouse door of the county where the decree is entered, at public outcry, to the highest and best bidder, for cash in hand, after having first advertised the sale. This advertisement may include all the different properties described in the decree. It shall be published weekly for two (2) weeks, consecutively, in some newspaper published in the county, or, if there is no such newspaper, the advertisement may be published in some newspaper published in an adjoining county.
(2) If all the lands, lots, blocks, or parcels of land, or railroad tracks and rights-of-way are not sold on the day as advertised, the sale shall continue, from day to day, until completed.
(c) The commissioner shall, by proper deed, convey to the purchaser the lands, lots, blocks, or parcels of land, and railroad tracks and rights-of-way so sold, and the title to the property shall thereupon become vested in the purchaser as against all others whomsoever, saving to infants and to insane persons having no guardian or curators the right they now have by law to appear and contest the proceedings within three (3) years after their disabilities are removed.