§ 1467. Officers to keep papers open to inspection; when to file them. The sheriff to whom one or more papers, specified in the last four sections, are delivered, must keep them open at all reasonable times during the period allowed for redemption, to the inspection of all persons interested. He must have all those papers at the sheriff's office at the times when he is required to attend thereat, for the purpose of enabling creditors to redeem, as prescribed by law; and he must file them in the county clerk's office within three days after the execution of the deed. See § 1464. § 1468. When redemption takes effect. A redemption by a creditor is effected only when he has paid all the money required to be paid, and filed or delivered all the papers required to be filed or delivered, as prescribed in this article; and a waiver of any of those requirements is void, as against a person who is entitled subsequently to redeem. Where a redemption is thus effected, it vests in the redeeming creditor all the right, title and interest which the purchaser acquired by the sale. § 1469. Certificate to be given, when redemption made. Where a redemption is made, as prescribed in this article, the officer or other person to whom money is paid, or a paper is delivered, for the purpose of effecting the redemption, must execute and deliver to the person paying the money or delivering the paper, a certificate, stating all the facts which transpired before him with respect to the redemption. From ch. 410 of 1847, § 5. § 1470. Certificate may be acknowledged and recorded. Such a certificate may be acknowledged or proved and certified, in like manner as a deed to be recorded in the county where the property is situated. The recording thereof in the office of the clerk or register of that county, in the book for recording deeds, has the same effect as against subsequent purchasers and incumbrancers, as the recording of a conveyance. From Id., § 6. § 1471. When and by whom conveyance to be executed. Immediately after the expiration of fifteen months from the time of sale, except where a redemption has been made on the last day of the fifteen months, and in that case, immediately after the expiration of twenty-four hours from the last redemption, the sheriff who made the sale must execute the proper deed or deeds, in order to convey to the person or persons entitled thereto, the part or parts of the property sold, which have not been redeemed by the judgment debtor, his heir, devisee or assignee. The deed conveys to the grantee therein the right, title and interest which was sold by the sheriff. After the same shall have been recorded for twenty years in the county where the real estate is situated, it shall be presumptive evidence of the facts therein stated. From 2 R. S. 373, Part 3, ch. 6, tit. 5, § 62; 3 R. S. 5th ed., 655 (2 Edm. 388). Am'd by ch. 637 of 1886. § 1472. To whom conveyance to be executed. If any part of the property remains unredeemed by a creditor, it must be conveyed, by the sheriff, to the purchaser upon the sale, except where the certificate of sale has been assigned; in which case it must be conveyed to the last assignee. Any part or parts of the property sold, which have been redeemed by a creditor, must be conveyed by the sheriff to the last redeeming creditor, except where he has assigned the ch. 13, tit. 2, art. 3. certificate of redemption, or has executed any other assignment of his right, title, and interest in the property redeemed by him; in which case, it must be conveyed to the last assignee. From ch. 189 of 1835, § 1, as amended by ch. 116 of 1867, § 1. § 1473. When conveyance made to executor or administrator; effect thereof. Where a person entitled to a deed, dies before the delivery of the deed, the sheriff must execute and deliver the deed to his executor or administrator. The property so conveyed must be held, in trust for the use of the heirs or devisees of the decedent, subject to the dower 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. From 2 R. S. 374, Part 3, ch. 6, tit. 5, §§ 63 and 64. § 1474. Assignment must be acknowledged and filed. Before an assignee, or his executor or administrator, is entitled to a deed, as prescribed in the last two sections, each assignment, under which the deed is claimed, must be acknowledged or proved, and certified in like manner as a deed to be recorded in the county where the property is situated, and must be filed in the office of the clerk of that county. From ch. 189 of 1835, § 2. § 1475. Under-sheriff or successor to act, if sheriff dies. Where a sheriff dies, is removed from office, or becomes otherwise disqualified to act, at any time after making a sale of real property, by virtue of an execution, the property, or a distinct parcel 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 under-sheriff 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. successor, as the case requires, possesses all the powers, and is subject to The under-sheriff or the sheriff's 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. From 2 R. S. 374, §§ 65, 66, and 67; and ch. 116 of 1867, § 1. § 1476. Money may be paid. etc., to under-sheriff, or deputy-sheriff, who sold property. Where real property is sold, by virtue of an execution, by the undersheriff or a deputy-sheriff, in behalf of the sheriff, 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, may be paid or delivered, either to the sheriff, or to the under-sheriff or deputy-sheriff who made the sale. See §§ 1440, 1446. § 1477. Application of this article to sale by coroner, or person specially appointed, etc. Where real property is sold, by virtue of an execution, by a person specially appointed by the court, as prescribed in section one thousand 406 three hundred and sixty-two or section one thousand three hundred and eighty-eight of this act, it may be redeemed, as prescribed 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 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 fiftyfive 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. Id.; where coroner or person appointed, dies, etc. If. when the period for redemption expires, a coroner, or a 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. ch. 13, tit. 2, art. 4. ARTICLE FOURTH. Remedies for Failure of Title to Real Property Sold, and to SEC. 1479. When evicted purchaser may recover purchase money. 1480. Remedy of judgment creditor thereupon. 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. 1486. Entry upon the docket. § 1479. When evicted purchaser may recover purchase money. The purchaser of real property, sold by virtue of an execution, 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: 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. From 2 R. S. 375, Part 3, ch. 6, tit. 5, § 68. § 1480. Remedy of judgment creditor thereupon. Where final judgment is rendered, against the defendant, in an action specified in subdivision first of the last section, the judgment, 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. From Id., § 69. § 1481. Contribution between owners of real property. 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 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 action, to compel a just and equal contribution by all the persons, whose or administrator, may maintain an real property ought to contribute as prescribed in the next section but one. From Id., § 70. § 1482. Id.; when part owner redeems. Where the heir, devisee, or grantee, of a judgment debtor, having an absolute title to a distinct parcel of real property, sold by 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, main 409 tain an action, to compel a just and equal contribution by those, who own the residue of the property thus redeemed. From 2 R. S. 371, Part 3, ch. 6, tit. 5, part of § 47. § 1483. Order of contribution. Where an action is brought as prescribed in the last two sections, the real property is liable to contribution, in the following 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. From 2 R. S. 375, Part 3, ch. 6, tit. 5, § 81. § 1484. Contribution, how enforced by means of original judgment. For the purpose of enforcing contribution, as prescribed in the last section, the court, in which the action is brought, may, and in a proper case, must, permit the plaintiff to use the original judgment, and to collect by an execution issued thereupon, out of any real property 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. From Id., § 72. § 1485. Requisites to preserve the lien. The lien of the original judgment may be preserved, as prescribed in the last section, by filing, in the clerk's office of the county 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 re-imbursement 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. From Id., § 73 § 1486. Entry upon the docket. On filing the affidavit and notice, the clerk must, make, upon the docket of the judgment, an entry, stating the sum paid, and that 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. From Id., § 74. PRO |