§ 771.Levy On Realty Under Several Executions

Chapter 13: Limitation of Actions · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 771 governs how multiple executions against the same debtor divide up real estate when levied on by the same officer: a preferred creditor chooses parcels worth at least two-thirds of appraised value, while non-preferred executions split the property in proportion to what each is owed.

Full Text of § 771

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In all cases where two or more executions shall be put into the hands of any sheriff or other officer, and it shall be necessary to levy on real estate to satisfy the same, and either of the judgment creditors, in whose favor one or more of said executions are issued, shall require the sheriff or other officer to levy said executions, or so many thereof as may be required, on separate parcels of the real property of the judgment debtor or debtors, giving to the officer making the levy on behalf of the creditors, whose execution may, by the provisions of this article, be entitled to a preference, the choice of such part of the real property of the judgment debtor or debtors, as will be sufficient, at two-thirds (2/3) of the appraised value, to satisfy the same; and in all cases where two or more executions, which are entitled to no preference over each other, are put in the hands of the same officer, it shall be the duty of the officer, when required, to levy the same on separate parcels of the real property of the judgment debtor or debtors, when, in the opinion of the appraisers, the same may be divided without material injury; and if the real property of said debtors will not be sufficient, at two-thirds (2/3) of its appraised value, to satisfy all the executions chargeable thereon, such part of the same shall be levied on, to satisfy each execution, as will bear the same proportion in value to the whole, as the amount due to the execution bears to the amount of all the executions chargeable thereon, as near as may be according to the appraised value of each separate parcel of said real property.

End

Amendment History

R.L. 1910, § 5173.

Plain-English Summary

Section 771 sorts out competing executions when more than one lands on the same officer's desk against the same debtor's real estate. If one creditor's execution carries a preference under this article's priority rules, that creditor can require the officer to levy on separate parcels of the debtor's land, and gets to choose which parcels, so long as they're worth at least two-thirds of their appraised value, enough to satisfy that execution.

When two or more executions carry no preference over each other, the officer, if asked, still has to levy on separate parcels when the appraisers think the land can be divided without material injury. If the debtor's real estate isn't worth enough, at two-thirds of its appraised value, to cover every execution against it, each execution gets a share of the property proportional to what it's owed against the total owed on all the executions combined.

Frequently Asked Questions

What happens when multiple creditors get executions against the same debtor's land?

A creditor whose execution carries a preference can require the officer to levy on separate parcels and choose which ones, so long as they're worth at least two-thirds of appraised value.

What if none of the executions has priority over the others?

The officer still divides the land into separate parcels when asked, if the appraisers think it can be split without material injury, and allocates parcels in proportion to what each execution is owed.

What if the land isn't worth enough to cover every execution?

Each execution gets a share of the property proportional to the amount it's owed against the total amount owed on all the executions combined.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source

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