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§58-485.
§58-485.
When any sale is made by an executor or administrator, pursuant to the
provisions of this chapter, of lands subject to any mortgage or other
lien, which is a valid claim against the estate of the decedent and
has been presented and allowed, the purchase money must be applied,
after paying the necessary expenses of the sale, first to the payment
and satisfaction of the mortgage or lien, and the residue, if any, in
due course of administration. The application of the purchase money to
the satisfaction of the mortgage or lien must be made without delay;
and the land is subject to such mortgage or lien until the purchase
money has been actually so applied. No claim against any estate which
has been presented and allowed is affected by the statute of
limitations, pending the proceedings for the settlement of the estate.
The purchase money, or so much thereof as may be sufficient to pay
such mortgage or lien, with interest, and any lawful costs and charges
thereon, may be paid into the district court, to be received by the
judge thereof, whereupon the mortgage or lien upon the land must
cease, and the purchase money must be paid over by the judge without
delay, in payment of the expenses of the sale and in satisfaction of
the debt, to secure which the mortgage or other lien was taken, and
the surplus, if any, at once returned to the executor or
administrator, unless, for good cause shown, after notice to the
executor or administrator, the judge otherwise directs.
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