§ 2692. Invalid and informal levies—New execution

When an execution is levied on real or personal estate, and it afterwards appears that the estate did not belong to the debtor, or was encumbered by a mortgage not regarded in a sale thereof on execution, by reason of which the levy and sale are void, the court, upon motion, notice, and hearing, may issue an execution for the original execution, or so much thereof as was satisfied by the levy, and the costs thereon with interest on the same from the time of the levy, and the costs of the motion. (Amended 1971, No. 185 (Adj. Sess.), § 67, eff. March 29, 1972.)