and if such officer is dead, his successor cannot receive 705. (§ 234.) A redemptioner must produce to the officer or person from whom he seeks to redeem and serve with his notice to the Sheriff: 1. A copy of the docket of the judgment under which he claims the right to redeem, certified by the Clerk of the Court, or of the county where the judg ment is docketed; or, if he redeem upon a mortgage or other lien, a note of the record thereof, certified by the Recorder; 2. A copy of any assignment necessary to establish his claim, verified by the affidavit of himself, or of a subscribing witness thereto; 3. An affidavit by himself or his agent, showing the amount then actually due on the lien. NOTE.-See Haskell vs. Manlove, 14 Cal., p. 54; Until the of redemp expiration tion time, Court may restrain 706. (§ 235.) Until the expiration of the time allowed for redemption, the Court may restrain the commission of waste on the property, by order granted with or without notice, on the application of the waste pur- on the chaser or the judgment creditor. But it is not waste property. for the person in possession of the property at the what time of sale, or entitled to possession afterwards, dur- waste. ing the period allowed for redemption, to continue to use it in the same manner in which it was previously used; or to use in the ordinary course of husbandry; or to make the necessary repairs of buildings thereon; or to use wood or timber on the property therefor; or considered Rents and profits. for the repair of fences; or for fuel in his family, while he occupies the property. NOTE.-Purchaser of mining claim, where judgment debtor remains in possession, working the claim, may have a Receiver appointed to take charge of the proceeds during the time allowed for redemption.-Hill vs. Taylor, 22 Cal., p. 191. Purchaser entitled to rents and profits of, from date of sale until time for redemption expires.-Harris vs. Reynolds, 13 Cal., p. 515. 707. (§ 236.) The purchaser, from the time of the sale until a redemption, and a redemptioner, from the time of his redemption until another redemption, is entitled to receive, from the tenant in possession, the rents of the property sold, or the value of the use and occupation thereof. But when any rents or profits have been received by the judgment creditor or purchaser, or his or their assigns, from the property thus sold preceding such redemption, the amounts of such rents and profits shall be a credit upon the redemption money to be paid; and if the redemptioner or judg ment debtor, before the expiration of the time allowed for such redemption, demands in writing of such purchaser or creditor, or his assigns, a written and verified. statement of the amounts of such rents and profits thus received, the period for redemption is extended five days after such sworn statement is given by such purchaser or his assigns, to such redemptioner or debtor. If such purchaser or his assigns shall, for a period of one month from and after such demand, fail or refuse to give such statement, such redemptioner or debtor may bring an action in any Court of competent jurisdiction, to compel an accounting and disclosure of such rents and profits, and until fifteen days from and after the final determination of such action, the right of redemption is extended to such redemptioner or debtor. NOTE.-1. NOT APPLICABLE TO TAX SALES.-This section was held not to apply to sales for taxes in Mayo vs. Woods, Sup. Ct. Cal., Jan. Term, 1867 (case not reported). 2. PAYING TAXES ON PROPERTY.- A party in possession of premises under Sheriff's sale, and receiving rents and profits during the time for redemption, should, as between him and defendant in execution, pay the taxes assessed. If the owner does not pay them, then the party in possession is required to pay. If the premises are sold for taxes and the person in possession buys them in, he can derive no benefit from the sale, even though the premises were bid in by one of two partners, while the possession under the Sheriff's sale was by both partners. The duty to pay the tax was several as well as joint.-Kelsey vs. Abbott, 13 Cal., p. 609; see, also, Goodenow vs. Ewer, 16 Cal., p. 472. 3. ACCOUNT OF RENTS AND PROFITS.-From the time of Sheriff's sale the purchaser may receive the value of the use and occupation.-Walls vs. Walker, 37 Cal., p. 425; McDevitt vs. Sullivan, 8 Cal., p. 592; Harris vs. Reynolds, 13 Cal., p. 514; Kline vs. Chase, 17 Cal., p. 596; Knight vs. Truett, 18 Cal., p. 113; Reynolds vs. Lathrop, 7 Cal., p. 43. The occupation of the land during the period for redemption renders the tenant in possession liable to the purchaser for rent. If the tenant had paid the rent in advance, that is a matter in avoidance of tenant's liability to purchaser for rent. But it will not avoid the liability to purchaser if the tenant pays the rent in advance to defendant in execution after sale.-Webster vs. Cook, 38 Cal., p. 424; see, also, McDevitt vs. Sullivan, 8 Cal., p. 592. The words "tenant in possession" embrace the judgment debtor, as well as his lessee.-Harris vs. Reynolds, 13 Cal., p. 514. As to who is a tenant in possession, see, also, Shores vs. Scott River Co., 21 Cal., p. 135; Knight vs. Truett, 18 Cal., p. 113. Even during the period which elapses between the sale and the expiration of the time for redemption, the statute regards the purchaser as the owner in equity, and gives him the rents and profits, or the value of the use and occupation--in short, the entire beneficial interest in the property except the actual possession.-Page vs. Rogers, 31 Cal., p. 293; see, also, Guy vs. Middleton, 5 Cal., p. 392; Henry vs. Everts, 30 Cal., p. 425. The buyer at a judicial sale on a judgment recovered for taxes, is not entitled to receive the rents and profits during the period allowed for redemption.-Mayo vs. Woods, 31 Cal., p. 269. The mortgagor in possession is not, until a sale is made under the decree of foreclosure, accountable for rents or use and occupation, If purchaser of real property be evicted for irregulari insale, what he may recover, and from whom. When judgment to be revived. Petition for the purpose, how and by whom made. Party who pays more than his share may compel con but he may be restrained from the commission of waste. Whitney vs. Allen, 21 Cal., p. 233. 708. (§ 237.) If the purchaser of real property sold on execution, or his successor in interest, be evicted therefrom in consequence of irregularities in the proceedings concerning the sale, or of the reversal or discharge of the judgment, he may recover the price paid, with interest, from the judgment creditor. If the purchaser of property at Sheriff's sale, or his successor in interest, fail to recover possession in consequence of irregularity in the proceedings concerning the sale, or because the property sold was not subject to execution and sale, the Court having jurisdiction thereof must, after notice and on motion of such party in interest, or his attorney, revive the original judgment in the name of the petitioner, for the amount paid by such purchaser at the sale, with interest thereon from the time of payment at the same rate that the original judgment bore; and the judgment so revived has the same force and effect as would an original judgment of the date of the revival, and no more. NOTE.-GENERALLY.-Hunt vs. Loucks, 38 Cal., p. 376; Boggs vs. Hargrave, 16 Cal., p. 565; see, also, Burton vs. Lies, 21 Cal., p. 90; Sargent vs. Sturm, 23 Cal., p. 361; Fowler vs. Harbin, 23 Cal., p. 630; Branham vs. San José, 24 Cal., p. 607. 709. When property, liable to an execution against several persons, is sold thereon, and more than a due tribution. proportion of the judgment is satisfied out of the proceeds of the sale of the property of one of them, or one of them pays, without a sale, more than his proportion, he may compel contribution from the others; and when a judgment is against several, and is upon an obligation of one of them, as security for another, and the surety pays the amount, or any part thereof, either by sale of his property or before sale, he may compel repayment from the principal. In such case, the person so paying or contributing is entitled to the benefit of the judgment, to enforce contribution or repayment, if, within ten days after his payment, he file with the Clerk of the Court where the judgment was rendered, notice of his payment and claim to contribution or repayment. Upon a filing of such notice, the Clerk must make an entry thereof in the margin of the docket. NOTE.-Sec. 480 of the Kansas Code of Civil Pro cedure. CHAPTER II. PROCEEDINGS SUPPLEMENTARY TO THE EXECUTION. SECTION 714. Debtor required to answer concerning his property, when. 715. Proceedings to compel debtor to appear. In what 717. Examination of debtors of judgment debtor, or of 718. Witness required to testify. 719. Judge may order property to be applied on execution. required concerning erty, when. 714. (§ 238.) When an execution against prop- Debtor erty of the judgment debtor, or of any one of several to answer debtors in the same judgment, issued to the Sheriff his prop of the county where he resides, or, if he do not reside in this State, to the Sheriff of the county where the judgment roll is filed, is returned unsatisfied, in whole or in part, the judgment creditor, at any time after such return is made, is entitled to an order from the Judge of the Court, or a County Judge, requiring such judgment debtor to appear and answer concerning his property, before such Judge, or a referee |