Section 16-110-136 - Sale of property(a) The court may compel the delivery to the county sheriff, for sale, of any of the attached property for which a bond may have been given and may proceed summarily on the bond to enforce the delivery of the property, or the payment of such sums as may be due upon the bond, by rules and attachments as in cases of contempt.(b)(1) The sales shall be public, upon such notice, and at such time and place, as the court may direct.(2) When credits are given, bonds, with security, shall be required and the credit shall not be longer than three (3) months for personal property, and not less than three (3) nor more than twelve (12) months for real property, or on installments equivalent to not more than twelve (12) months' credit on the whole. Upon real property, a lien shall be retained.(3) The sales shall be subject to the confirmation of the court.(c) Any surplus of the attached property or its proceeds shall be returned to the defendant.(d) No order for the sale of real property attached in virtue of the provisions of §§ 16-110-101, 16-110-102, 16-110-105 - 16-110-113, 16-110-115 - 16-110-117, 16-110-119, 16-110-121, 16-110-122, 16-110-126, 16-110-127, 16-110-129, 16-110-131 - 16-110-136, and 16-110-139 shall be made in any action in which the defendant has not appeared or been actually summoned until there has been filed an affidavit of the plaintiff, or of his or her agent or attorney, to the effect that the defendant has no personal property or not enough to satisfy the claim of the plaintiff, in this state, known to the affiant.Civil Code, §§ 251-254; C. & M. Dig., §§ 536-539; Pope's Dig., §§ 573-576; A.S.A. 1947, §§ 31-158 -- 31-161.