Sale as Under Execution When Advisable

Whenever property has been taken by an officer under a writ of attachment and it is made to appear satisfactorily to the court or a judge thereof that the interest of the parties to the actions will be subserved by a sale thereof, the court or judge may order such property to be sold in the same manner as property is sold under an execution, and the proceeds to be deposited in the court, to abide the judgment in the action. Such order can be made only

(1)after notice to the adverse party or his attorney in case such party has been personally served with a summons in the action or,

(2)after an order of service of summons by publication has been made.