25-2190. Encumbrances; payment with consent of owner.

If any encumbrance is ascertained to exist, the proceeds of the sale of that portion, after the payment of costs, or so much thereof as is necessary, shall, if the owner consents, be paid over to the encumbrancer.

Source:R.S.1867, Code § 823, p. 540; R.S.1913, § 8306; C.S.1922, § 9258; C.S.1929, § 20-2190; R.S.1943, § 25-2190.