ART. 3. or adminis of. of the deed, the sheriff must execute and deliver the deed to his executor or administrator. The property so conveyed must be held, in trator; ef trust for the use of the heirs or devisees of the decedent, subject to the fect theredower of his widow, if there is one; but it may be sold, in a proper case, for the payment of his debts, in the same manner as land, whereof he died seized. ment must ed and § 1474. Before an assignee, or his executor or administrator, is Assignentitled to a deed, as prescribed in the last two sections, each assign- be acment, under which the deed is claimed, must be acknowledgod or knowledg proved, and certified, in like manner as a deed to be recorded in the filed. county where the property is situated, and must be filed in the office of the clerk of that county. successor sheriff dies. § 1475. Where a sheriff dies, is removed from office, or becomes Under otherwise disqualified to act, at any time after making a sale of real sheriff or property, by virtue of an execution, the property, or a distinct parcel to act, if thereof, may be redeemed, by paying the necessary money, and delivering the necessary papers, to his under-sheriff, who must also execute and deliver the proper deed or deeds of property, not redeemed by the judgment debtor, his heir, devisee, or grantee. If the undersheriff also dies, is removed from office, or becomes otherwise disqualified to act, the property may be redeemed, by paying the necessary money, and delivering the necessary papers, to the sheriff's successor in office, who must also execute and deliver the proper deed or deeds. The under-sheriff or the sheriff's successor, as the case requires, possesses all the powers, and is subject to all the duties and liabilities, of the sheriff who made the sale, touching the redemption and conveyance of property sold, and the proceedings relating thereto and each provision of law, regulating those proceedings, and applicable to the sheriff who made the sale, is applicable to his under-sheriff or successor. This section applies where a sale was made, either before or after this act takes effect. sheriff, or § 1476. Where real property is sold, by virtue of an execution, by Money the under-sheriff or a deputy-sheriff, in behalf of the sheriff, money paid, etc., may be required to be paid, or a paper required to be delivered, to the sheriff, to under in order to effect a redemption, as prescribed in this article, at any deputy time before the last day of the fifteen months from the time of the sale, sheriff, may be paid or delivered, either to the sheriff, or to the under-sheriff property. or deputy-sheriff, who made the sale. who sold tion of this § 1477. Where real property is sold, by virtue of an execution, by a Applica person specially appointed by the court, as prescribed in section one article to thousand three hundred and sixty-two or section one thousand three sale by corhundred and eighty-eight of this act, it may be redeemed, as pre- person scribed in this article, as if it had been sold by the sheriff, except as follows: 1. Money, required to be paid, or a paper, required to be delivered, to the sheriff, in order to effect a redemption, as prescribed in this article, at any time before the last day of the fifteen months from the time of the sale, must be paid to the officer who made the sale; unless the person entitled to redeem, his agent or attorney, files with the clerk of the county, with the paper or papers required to be filed, or to be delivered to the sheriff, for the purpose of effecting the redemption, his affidavit, to the effect, that the officer is dead; or has been removed; or, where he is a coroner, that he is no longer in office; or that after diligent search, the affiant has been unable to find him within the county; in which case, the money may be paid into court, by paying oner, or specially appointed, etc. TITLE 2. Id.; where coroner or pointed dies, etc. it to the county treasurer, to the credit of the cause, with like effect, as where it is paid to the sheriff, after a sale by the latter. 2. The provisions of section one thousand four hundred and fifty-five of this act, apply to a redemption, upon a sale made as prescribed in this section; and the officer, who sold the property, must attend, as the sheriff is therein required to attend. If he is not present, the redemption may be effected, as prescribed in that section, for redemption in a case, where the term of office of the sheriff, who made the sale, has expired. 1478. If, when the period for redemption expires, a coroner, or a person ap- person specially appointed by the court, who has sold real property, by virtue of an execution, is dead, or has been removed, or, in the case of a coroner, if he is no longer in office, the court must, upon the application of a person entitled to a deed, appoint a person, to execute the deed accordingly. When evicted may re ARTICLE FOURTH. REMEDIES FOR FAILURE OF TITLE TO REAL PROPERTY SOLD, AND TO ENFORCE CON TRIBUTION. SECTION 1479. When evicted purchaser may recover purchase-money. 1481. Contribution between owners of real property. 1482. Id.; when part owner redeems. 1483. Order of contribution. 1484. Contribution, how enforced by means of original judgment. 1485. Requisites to preserve the lien. 1486. Entry upon the docket. § 1479.. The purchaser of real property, sold by virtue of an execupurchaser tion, his heir, devisee, grantee, or assignee, who is evicted from the possession thereof, or against whom judgment is rendered, in an action to recover the same, may recover the purchase-money, with interest, from the person for whose benefit the property was sold, where the judgment was rendered, or the eviction occurred, in consequence, either: cover purchasemoney. 1. Of any irregularity in the proceedings concerning the sale; or 2. Of the judgment, upon which the execution was issued being vacated or reversed, or set aside for irregularity, or error in fact. Remedy of § 1480. Where final judgment is rendered, against the defendant, judgment creditor in an action specified in subdivision first of the last section, the judgthereupon. ment, by virtue of which the sale was made, remains, in his favor, valid and effectual against the judgment debtor therein, his executor, administrator, heir or devisee, for the purpose of collecting the sum paid on the sale, with interest. He may accordingly have a further execution upon that judgment; but the execution does not affect a purchaser in good faith, or an incumbrancer by mortgage, judgment, or otherwise, whose title or whose incumbrance accrued, before the actual levy thereof. Contribu tion between § 1481. Where the real property of two or more persons is liable to satisfy a judgment, and the whole of the judgment, or more than a due owners of proportion thereof, has been collected, by a sale of the real property of one or more of them, by virtue of an execution issued upon the judgment; the person so aggrieved, or his executor or administrator, may real property. maintain an action, to compel a just and equal contribution by all the persons, whose real property ought to contribute as prescribed in the next section but one. ART. 4. part owner § 1482. Where the heir, devisee, or grantee, of a judgment debtor, Id.; when having an absolute title to a distinct parcel of real property, sold by redeeme virtue of an execution, redeems, as prescribed in section one thousand four hundred and fifty-eight of this act, the property sold, or any part or parts thereof separately sold, which include his property; he may, in like manner, maintain an action, to compel a just, and equal contribution by those, who own the residue of the property thus redeemed. contribu § 1483. Where an action is brought, as prescribed in the last two Order of sections, the real property is liable to contribution in the following tion. order: 1. If it comprises different undivided shares or distinct parcels, which have been conveyed by the judgment debtor, they are liable in succession, commencing with the portion last conveyed. 2. If it comprises different undivided shares or distinct parcels, which have been sold by virtue of two or more executions, they are liable in succession, commencing with the portion sold under the last and youngest judgment. 3. If it comprises different undivided shares or distinct parcels, some of which have been conveyed by the judgment debtor, and some of which have been sold by virtue of one or more executions, they are respectively liable in succession, according to the order prescribed in the first and second subdivisions of this section. tion, how of original § 1484. For the purpose of enforcing contribution, as prescribed in Contribu the last section, the court, in which the action is brought, may, and in enforced a proper case, must, permit the plaintiff to use the original judgment, by means and to collect, by an execution issued thereupon, out of any real prop- judgment. erty subject to the lien thereof, the sum which ought to be contributed by that property. For that purpose, the lien of the original judgment, upon that real property, when preserved, as prescribed in the next section, continues, for the term prescribed in sections one thousand two hundred and fifty-one and one thousand two hundred and fifty-five of this act, to the extent of the sum, which ought to be so contributed, notwithstanding the payment made by the party seeking contribution. § 1485. The lien of the original judgment may be preserved, as pre- Requisites scribed in the last section, by filing, in the clerk's office of the county the lien. where the real property is situated, within twenty days after the payment, for which contribution is claimed, an affidavit, in behalf of the person aggrieved, stating the sum paid, and his claim to use the judgment for the reimbursement thereof, with a notice, requiring the clerk to make the entries specified in the next section. But the lien is not preserved, as against a grantee or mortgagee in good faith, for a valuable consideration, without notice, and before the entries are actually made. to preserve § 1486. On filing the affidavit and notice, the clerk must make, upon Entry upon the docket of the judgment, an entry, stating the sum paid, and that the docket. the judgment is claimed to be a lien to that amount. Where it is desired to preserve the lien, upon property situated in two or more counties, a similar affidavit and notice must be filed with, and a similar entry made by, the clerk of each county. TITLE 3. In what cases execution may be issued against the person. Id.; against a woman. When execution against property must be TITLE III. Execution against the person. SECTION 1487. In what cases execution may be issued against the person. 1489. When execution against property must be first issued. 1490. Simultaneous executions not allowed against property and person. 1491. Id.; when debtor has been taken. 1492. New execution may issue after escape. 1493. Id.; when debtor dies charged in execution. 1494. Id.; when creditor discharges debtor after thirty days. 1495. New execution not to be enforced against real property sold, etc. § 1487. Where a judgment can be enforced by execution, as prescribed in section one thousand two hundred and forty of this act, an execution, against the person of the judgment debtor, may be issued thereupon, subject to the exception specified in the next section, in either of the following cases: 1. Where the plaintiff's right to arrest the defendant depends upon the nature of the action. 2. In any other case, where an order of arrest has been granted and executed in the action, and has not been vacated. § 1488. But an execution cannot be issued against the person of a woman, unless an order of arrest has been granted and executed in the action, and has not been vacated. § 1489. Unless the judgment debtor is actually confined, without having been admitted to the liberties of the jail, by virtue of an execution against his person, issued in another action, or of an order of arrest first issued. or a surrender by his bail, in the same action, an execution against his Simultaneous execu tions not allowed against property person cannot be issued, until an execution against his property has been returned, wholly or partly unsatisfied. If he is a resident of the State, the execution against his property must have been issued to the county where he resides. § 1490. An execution against the person of the judgment debtor cannot be issued, without leave of the court, while an execution against his property, issued in the same action, remains unreturned; and an execution against his property cannot be issued, without leave of the and person. court, while an execution against his person, issued in the same action, remains unreturned. Id.; when debtor has § 1491. Where a judgment debtor has been taken, and remains in been taken. custody, by virtue of an execution against his person, another execution cannot be issued, in the same action, against his person or his property, except in a case specially prescribed by law. New exe issue after escape. § 1492. If a judgment debtor escapes, after having been taken, by cution may virtue of an execution against his person, he may be retaken, by virtue of a new execution against his person; or an execution against his property may be issued, as if the execution, by virtue of which he was taken, had been returned, without his having been taken. Id.; when debtor dies § 1493. Where a judgment debtor, who has been taken by virtue of charged in an execution against his person, dies while in custody, a new execution execution. against his property may be issued, as if the execution, by virtue of which he was taken, had been returned without his having been taken. Id.; when § 1494. At any time after a judgment debtor has remained in cusdischarges tody, by virtue of an execution against his person, for the space of creditor TITLE 3. thirty days, the judgment creditor may serve upon the sheriff a writ- debtor aften notice, requiring him to discharge the judgment debtor from cus- ter thirty tody, by virtue of the execution. Whereupon the sheriff must discharge days. the judgment debtor, and return the execution accordingly. After service of such a notice, another execution, against the person of the judgment debtor, cannot be issued upon the judgment; but after his discharge, the judgment creditor may otherwise enforce the judgment, as if the execution, from which he was discharged, had been returned, without his having been taken. cution not forced § 1495. A new execution against property, issued in a case specified New exein the last two sections, cannot be enforced against an interest in real to be enproperty, including a chattel real, which was purchased, in good faith, fost from the judgment debtor, after the recovery of the judgment upon real prop which it is issued; or which was sold by virtue of an execution, issued ery sold, upon a previous or subsequent judgment.. § 1496. This act shall take effect on the first day of May, eighteen hundred and seventy-seven. etc. 285 |