28-23-10. Sale after ninety days - Abandonment of levy

28-23-10. Sale after ninety days - Abandonment of levy In case of the failure of the sale by reason of irregularities in giving notice thereof, or of its postponement, the property may be sold upon proper notice by virtue of the execution after the expiration of the ninety days allowed for the return thereof, and the officer in the officer's return shall set forth the facts regarding such failure or postponement, or the judgment creditor, in writing filed with the clerk, may abandon such levy upon paying the costs thereof, in which case execution may issue with the same effect as if none had been issued.