When it

may be

ion of this section are, in this Chapter, termed redemp tioners.

702. (§ 231.) The judgment debtor or redempredeemed, tioner may redeem the property from the purchaser redemption within six months after the sale, on paying the pur

and

money.

When judgment debtor or other redemp

tioner may redeem.

chaser the amount of his purchase, with twelve per cent thereon in addition, together with the amount of any assessment or taxes which the purchaser may have paid thereon after the purchase, and interest on such amount; and if the purchaser be also a creditor having a prior lien to that of the redemptioner, other than the judgment under which such purchase was made, the amount of such lien, with interest.

703. (§ 232.) If property be so redeemed by a redemptioner, either the judgment debtor or another redemptioner may, within sixty days after the last redemption, again redeem it from the last redemptioner, on paying the sum paid on such last redemption, with four per cent thereon in addition, and the amount of any assessment or taxes which the last redemptioner may have paid thereon after the redemption by him, with interest on such amount, and, in addition, the amount of any liens held by said last redemptioner prior to his own, with interest. The judgment under which the property was sold need not be so paid as a lien. The property may be again, and as often as the debtor or a redemptioner is so disposed, redeemed from any previous redemptioner, within sixty days after the last redemption, with four per cent thereon in addition, and the amount of any assessments or taxes which the last previous redemptioner paid after the redemption by him, with interest thereon, and the amount of any liens, other than the judgment under which the property was sold, held by the last redemptioner previous to his own, with interest. Notice of redemption must be given to the

Sheriff. If no redemption be made within six months after the sale, the purchaser, or his assignee, is entitled to a conveyance; or, if so redeemed, whenever sixty days have elapsed, and no other redemption has been made, and notice thereof given, and the time for redemption has expired, the last redemptioner, or his assignee, is entitled to a Sheriff's deed. If the debtor redeem at any time before the time for redemption expires, the effect of the sale is terminated, and he is restored to his estate.

704. (§ 233.) The payments mentioned in the last two sections may be made to the purchaser or redemptioner, or for him, to the officer who made the sale. When the judgment under which the sale has been made is payable in a specified kind of money or currency, payments must be made in the same kind of money or currency, and a tender of the money is equivalent to payment.

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.

Until the

expiration tion time." restrain

of redemp

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 pur- property.

Court may

waste on the

What considered waste.

Rents and proits.

chaser or the judgment creditor. But it is not waste for the person in possession of the property at the time of sale, or entitled to possession afterwards, during 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 for the repair of fences; or for fuel in his family, while he occupies the property.

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 judgment 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.

purchaser

property be

irregulari

what he may

recover,

and from

whom.

judgment

revived.

708. (§ 237.) If the purchaser of real property If sold on execution, or his successor in interest, be of real evicted therefrom in consequence of irregularities in evicted for the proceedings concerning the sale, or of the reversal ties in sale, 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 When successor in interest, fail to recover possession in con- to be sequence 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 judg- Petition ment in the name of the petitioner, for the amount purpose, paid by such purchaser at the sale, with interest by whom 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.

709. When property, liable to an execution against several persons, is sold thereon, and more than a due 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,

for the

how and

made.

the Clerk must make an entry thereof in the margin of the docket.

Debtor required

to answer concerning his prop erty, when.

Proceedings to compel

debtor to appear.

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 cases he may be arrested. What bail may be given. 716. Any debtor of the judgment debtor may pay the

latter's creditor.

717. Examination of debtors of judgment debtor, or of those having property belonging to him.

718. Witness required to testify.

719. Judge may order property to be applied on execution. 720. Proceedings upon claim of another party to property, or on denial of indebtedness to judgment debtor. 721. Disobedience of orders, how punished.

714. (§ 238.) When an execution against property of the judgment debtor, or of any one of several debtors in the same judgment, issued to the Sheriff 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 appointed by him, at a time and place specified in the order; but no judgment debtor must be required to attend before a Judge or referee out of the county in which he resides.

715. (§ 239.) After the issuing of an execution against property, and upon proof by affidavit of a party or otherwise, to the satisfaction of the Court, or of a Judge thereof, or County Judge, that any judg