Levy and Sale of Livestock

NMSA 1978 ch. 39, art. 6

in effect

NMSA 1978, § 39-6-1 [Levy on range cattle; gathering; filing, noting, indexing, copy of writ.]

39-6-1. [Levy on range cattle; gathering; filing, noting, indexing, copy of writ.] Whenever it shall be necessary to levy any writ of attachment, replevin or execution under the laws of this state upon any livestock or herd of cattle that are ranging at large with other livestock or cattle over any range country, and when it would be impossible or impracticable to round up, gather or take possession of the same under such process without, at the same time, rounding up and cutting out the livestock belonging to other owners, then and in such case, the sheriff or other officer holding such writ, shall only take possession of such stock as he may be able to get without interfering with the livestock of other owners, and as to the balance, it shall be sufficient, in order to subject them to the lien of said writ, that the officer shall file with the county clerk of the county in which the brand of such livestock is recorded, a certified copy of said writ, and immediately upon the filing thereof the county clerk shall note the same in the reception book of his office, and shall also note the same in red ink on the margin of the page of the book where such brand is recorded, and shall properly index the process in the general and other proper indices of his office: provided, that if said livestock range is in more than one county, then the officer may file a like certified copy of the writ and brand in any such county, and the same shall have like binding effect as a lien upon such livestock. Laws 1889, ch. 54, § 1; C.L. 1897, § 3132; Code 1915, § 4533; C.S. 1929, § 106-104; 1941 Comp., § 21-401; 1953 Comp., § 24-4-1.

NMSA 1978, § 39-6-2 [Effect of filing, noting, indexing, copy of writ.]

39-6-2. [Effect of filing, noting, indexing, copy of writ.] Such process, when so filed, noted and indexed, shall have all the binding force as a lien upon said livestock, as if the same had been levied against said livestock upon the range and the officer had taken possession of the same. Upon the next roundup after such levy, and at all times after such levy until such writ is satisfied, all persons coming into possession of any such livestock shall treat said officer as the owner thereof. Laws 1889, ch. 54, § 2; C.L. 1897, § 3133; Code 1915, § 4534; C.S. 1929, § 106-105; 1941 Comp., § 21-402; 1953 Comp., § 24-4-2.

NMSA 1978, § 39-6-3 [Disposing of or killing livestock levied upon; larceny; penalty.]

39-6-3. [Disposing of or killing livestock levied upon; larceny; penalty.] After the filing, noting and indexing of such process in the office of the county clerk, as aforesaid, if any person or persons, including the defendant or defendants in such process, shall sell, drive away, dispose of or kill or butcher any of said livestock so levied upon, or shall attempt to sell, drive away, dispose of, kill, or butcher, any of said livestock, or shall gather or round up any of said stock with intent in any way to defeat the levy of said writ, he or they, shall be deemed guilty of grand larceny, and on conviction thereof, shall be subject to a fine of not less than two hundred dollars [($200)], nor more than one thousand dollars [($1,000)], or to imprisonment for not less than one year, or more than two years, in the discretion of the jury trying the case. Laws 1889, ch. 54, § 3; C.L. 1897, § 3134; Code 1915, § 4535; C.S. 1929, § 106-106; 1941 Comp., § 21-403; 1953 Comp., § 24-4-3.

NMSA 1978, § 39-6-4 [Sale of stock levied upon; recording satisfaction of writ.]

39-6-4. [Sale of stock levied upon; recording satisfaction of writ.] Any livestock taken under any process, as provided in the foregoing section [sections] [39-6-1 to 39-6-3 NMSA 1978], shall be disposed of by the sheriff, or officer, as provided by law: provided, that in the case of a levy of a writ of execution, under the three preceding sections [39-6-1 to 39-6-3 NMSA 1978], the officer shall forthwith proceed to sell any livestock so levied upon, as now provided by law, in lots, from time to time as he may come into possession of the same, until the writ is satisfied. And upon such writ being satisfied he shall at once enter satisfaction thereof, in all cases, upon the margin of the record aforesaid, where such brand is recorded, and shall indorse [endorse] such satisfaction upon all process filed as aforesaid. Laws 1889, ch. 54, § 4; C.L. 1897, § 3135; Code 1915, § 4536; C.S. 1929, § 106-107; 1941 Comp., § 21-404; 1953 Comp., § 24-4-4.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18539/index.doFetched: 10/20/2026