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S$ 1464-1466 FROM EXECUTION.

297 The county clerk, immediately after the execution and recording of the deed, must enter in his docket, the satisfaction, or partial satisfaction, of a judgment specified in a certificate so filed, as required by law, when a judgment is collected, by virtue of an execution. If a mortgage, specified in the certificate, is recorded in his office, he must cancel and discharge the mortgage of record, if it is satisfied by the certiticate ; or, if it is only partially satisfied, he must make a minute of the partial satisfaction, upon the record thereof. If the property mortgaged is situated in a county, in which there is a register, the county clerk must transmit a certified copy of the certificate to the register, who must, in like manner, cancel and discharge the mortgage of record, or make a minute of the partial satisfaction thereof. The clerk's and register's fees, for performing the services specified in this section, must be paid by the sheriff; who may require the person entitled to a deed to pay him the amount thereof, before the deed is delivered.

$ 1464. In order to entitle a creditor by judgment to redeem real property, as prescribed in this article, he must, when he redeems, file in the county clerk's office, or deliver to the sheriff, as the case requires, the following evidence of his right :

1. A copy of the docket of the judgment, under which he claims the right to redeem, duly certified by the county clerk.

2. Each assignment of the judgment, which is necessary to establish his right. An assignment so filed or delivered must be acknowledged or proved, and certified, in like manner as a deed to be recorded, or the execution thereof must be proved, by the affidavit of the creditor, or of a witness there. to; unless it has been filed, and entered, as prescribed in article third of title first of chapter eleventh of this act, in which case, a certified copy thereof must be filed or delivered.

3. An affidavit, made by him, or his attorney or agent, stating truly the sum remaining unpaid on the judgment, at the time of claiming the right to redeem.

$ 1465. In order to entitle a creditor by mortgage to redeem real property, as prescribed in this article, he must, when he redeems, file in the county clerk's office, or deliver to the sheriff, the following evidence of his right :

1. A copy of the mortgage, under which he claims the right to redeem, duly certified by the clerk or register of the county.

2. Each assignment of the mortgage, which is necessary to establish his right, acknowledged or proved, and certified, as prescribed in the last section for an assignment of a judg: ment, unless it has been recorded; in which case a certified copy of the record must be filed or delivered.

3. An affidavit, made by him, or by his attorney or agent, stating truly the sum remaining unpaid on the mortgage, at the time of claiming the right to redeem.

$ 1466. In either of the cases specified in the last two sections, if the person, proposing to releem, claims to be entitled so to do, by reason of his being an executor or adininistrator of a person, who, if living, would be entitled to redeem, he must file or deliver, with the other papers therein prescribed, a certified copy or a sworn copy of his letters testamentary, or letters of administration.

$ 1467. The sheriff to whom one or more papers, speci. fied 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.

§ 1468. 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. 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 hiin, with respect to the redemption.

$ 1470. Such a certificate may be acknowedged or proyed, 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.

$ 1471. [Am'd 1886.] Immediately after the expiratior 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 twentyfour hours from the last redemption, the sheritf 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, bis 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.

$ 1472. 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 partsof the property sold, which have been rendered* by a creditor, must be conveyed by the sheriff, to the last redeeming creditor, except where he has assigned the 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.

* So in original.

1473. Where a person, entitled to a deed, dies before the delivery of the deed, the sheriff must execute and deliver he deed to his executor or adıninistrator. The property so

HV ved must be held, in trust for the use of the heirs or derisces 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.

$ 1474. 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.

$ 1475. 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 paving 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. The undersheriff 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.

$ 1476 Where real property is sold, by virtue of an execution, by the under-sheriff, 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.

1477. Where real property is sold, by virtue of an exeention, by a person specially appointed by the court, as preSetibed in section one thousand 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 prexribed 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 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.

8 1478. 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.

ARTICLE FOURTH. REMEDIES FOR FAILURE OF TITLE TO REAL PROPERTY SOLD

AND TO ENFORCE CONTRIBUTION. & 1479. When evicted purchaser

deems. may recover purchase- 2 1483. Order of contribution. money.

1484. Contribution, how en. 1480. Remedy of judgment cre

forced by means of or. ditor thereupon.

iginal judgment. 1481. Contribution between 1485. Requisities to preserve owners of real prop

thclien. erty:

1486. Entry upon the docket. 1482. Id.; when part owner re§ 1479. 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 judg. ment 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 conseqence, 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,

$ 1480. 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.

$ 1481. Where the real property of two or more persons

s 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 judyment ; the person so aggrieved, or his executor or acministrator, may maintain an action, to compel a just and equal contribution by all the persons, whose rcal property ought to contribute as prescribed in the next section but one.

$ 1482. 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 fiftyeight 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.

$ 1483. 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 individed 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.

$ 1484. 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, hy 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.

$ 1485. 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 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.

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