If the property taken is claimed by any person other than the defendant or the defendant’s agent, and such person shall make affidavit of such person’s title thereto and right to the possession thereof, stating the grounds of such right and title, and shall serve the same upon the sheriff, the sheriff shall not be bound to keep the property or deliver it to the plaintiff, unless the plaintiff on demand shall indemnify the sheriff against such claim by an undertaking    executed by two sureties in the amount of the value of the property as specified in the affidavit of the plaintiff. No claim to such property by any person other than the defendant or the defendant’s agent shall be valid against the sheriff, unless made as aforesaid, and notwithstanding such claim, when so made, the sheriff may retain the property a reasonable time to demand such indemnity.

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Terms Used In North Dakota Code 32-07-10

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes property, real and personal. See North Dakota Code 1-01-49