ART. 2. Rights of executions. $58. The plaintiff under whose execution any real estate shall have been sold, shall not be authorised to acquire the title of the original purchaser, or of any creditor, to the premises so sold by virtue plaintiff in of the decree or judgment on which such execution issued; and if he have any other decree or judgment, which would entitle him to acquire such title, according to the preceding provisions, he may avail himself of such other decree or judgment, in the same manner, and on the same terms, as any other creditor. sums requir thereof. $59. The sums required to be paid by the foregoing provisions, Payment of to acquire the title of the original purchaser, or to become a pur- ed; effect chaser from any creditor, may be paid to such purchaser or creditor, his representatives or assigns, or to the officer who made the sale, for the use of the purchaser or creditor entitled to the same. Upon such payment being made, the title of the original purchaser shall be thereby transferred to the creditor acquiring the same, pursuant to the foregoing provisions, and from such creditor to any other creditor becoming a purchaser thereof, as herein before provided.62 creditor's chase, &c. $60. To entitle any creditor to acquire the title of the original Évidence of purchaser, or to become a purchaser from any other creditor, pursu- right to purant to the foregoing provisions, he shall present to and leave with such purchaser or creditor, or the officer who made the sale, the following evidence of his right: 1. A copy of the docket of the judgment or decree under which he claims the right to purchase, duly certified by the clerk of the court or of the county in which the same is docketed: 2. A true copy of all the assignments of such judgment or decree, which are necessary to establish his claim, verified by his affidavit, or by the affidavit of some witness to such assignments: 3. An affidavit by such creditor, or by his attorney or agent, of the true sum due on such judgment or decree, at the time of claiming such right to purchase. estate of vest. $61. The right and title of the person against whom the execu- When legal tion was issued, to any real estate which shall be sold thereby, shall lands sold, to not be divested by such sale, until the expiration of fifteen months from the time of such sale; but if such real estate shall not have been redeemed as herein provided, and a deed shall be executed in pursuance of a sale, the grantee in such deed, shall be deemed vested with the legal estate from the time of the sale on such execution, for the purpose of maintaining an action for any injury to such real es tate. when to be $62. After the expiration of fifteen months from the time of the Conveyance sale of any real estate, if any part of the premises sold shall remain executed. unredeemed by the person against whom the execution issued, or by any person entitled to redeem the same within one year from the (62) Laws of 1820, p. 167, § 3. [PART III. TITLE 5. time of such sale, according to the foregoing provisions, then the officer making such sale shall complete the same, by executing a conveyance of the premises so remaining unredeemed, either to the original purchaser, or to the creditor who may have acquired the title of such original purchaser, or to the creditor who may have purchased such title from any other creditor, as the case may be; which conveyance shall be valid and effectual to convey all the right, title and interest, which was sold by such officer.63 When to ex ecutors, &c. $63. In case the person who, by the provisions of the preceding of purchaser. sections, would be entitled to a conveyance of any real estate sold by virtue of an execution, shall die previous to the delivery of such conveyance, the officer making such sale shall execute and deliver such conveyance to the executors or administrators of the person so deceased.6 64 Effect of such conveyance. Authority of under sheriff in case of death of sheriff. $64. The real estate so conveyed, shall be held in trust for the use of the heirs of such deceased person, subject to the dower of his widow, if there be any; but may be sold for the payment of his debts, by the order of any surrogate or court of equity, in the same manner as lands whereof such deceased person died seised.64 $65. If any sheriff to whom an execution shall be delivered, die or be removed from office before such execution be satisfied, his under sheriff shall proceed thereon, in the same manner as the sheriff might have done; and if a sheriff who has sold any real estate, die or be removed before executing any conveyance in pursuance of such sale, such conveyance shall be executed by his under sheriff, in the same manner, and with the like effect, as if done by the sheriff.65 Proceedings $66. If there be no such under skeriff, the court from which the under sheriff. execution issued may, on the application of the plaintiff, appoint some suitable person to proceed on such execution, and complete the same, instead of such under sheriff; and on the application of any person entitled to a conveyance, the court may appoint a proper person to execute the same. The person so appointed shall give such security as the court may require, and shall have the same power in relation to the object of his appointment, as the sheriff so dying or removed. if there be no Money to whom to be paid, if sheriff die, &c. S67. If any sheriff shall die or be removed from office, after having made sale of any real estate, the monies herein required to be paid to him for the redemption of such estate, or for the purpose of acquiring the title of the original purchaser, may be paid to his under sheriff, or to the clerk of the county, in the same manner, and with the like effect, as if paid to such sheriff. (63) Laws of 1820, p. 167, §.4. (64) Ib. 1824, p. 276. (65) 1 R. L. p. 503, § 10; Ib. p. 506, § 34. ARTICLE THIRD. Of Remedies for Failure of Title to Real Estate sold by execution, and to enforce Contribution between several Owners of Lands subject to the same Judgment. SEC. 68. Cases in which purchaser may recover. 69. Remedy for the plaintiff to collect the sum refunded. 70. Cases in which contribution may be enforced. 71. Order in which lands shall be liable to contribute. 72. Proceedings in chancery for contribution. ART. 3. When pur- 73. Lien of original judgment how procured by affidavit. 74 & 75. Proceedings and fee of clerk on filing affidavit. $68. If the purchaser of any real estate, sold by virtue of an execution, his heirs or assigns, shall be evicted from the possession of recover. such real estate, or if in an action for the recovery thereof, judgment shall be rendered against him, in consequence, or, 1. Of any irregularity in the proceedings concerning such sale: 2. Of the judgment upon which such execution issued being vacated or reversed: Such purchaser, his heirs or assigns, may recover of the party for whose benefit such real estate was sold, the amount paid on the purchase thereof, with interest.66 plaintiff. LIBA $69. The party for whose benefit such real estate was sold, and Remedy of his personal representatives, upon such recovery being had against him in consequence of any irregularity in the proceedings concerning such sale, may have further execution upon the judgment by virtue of which such sale was made, to levy the sum paid on such sale, with interest; and such judgment shall be deemed valid and effectual for that purpose, against the defendant therein, his personal representatives, heirs and devisees, but not against any purchaser in good faith, or any incumbrancer by mortgage, judgment or otherwise, whose title or whose incumbrance shall have accrued before the levy of such further execution.66 persons, $70. When lands and tenements, in the hands of several shall be liable to satisfy any judgment, and the whole of such judgment, or more than a due proportion thereof, shall be levied upon the lands of any one or more of such persons, the persons so aggrieved, or their personal representatives, may compel a just and equal contribution by all the persons whose lands and tenements ought to contribute to the satisfaction of such judgment.66 UNIVERSITY OF Cases for tribution. HIGAN $71. Such lands and tenements shall be liable to such contribu- Order of contion, in the following order: 1. If they were conveyed by the defendant in the execution, they shall be liable in succession, commencing with the lands last conveyed : (66) 1 R. L. p. 504, § 12. TITLE 5. 2. If they were sold under execution against the defendant, they shall also be liable in succession, commencing with the lands sold under the last and youngest judgment: How enforced in chancery. Lien of original judg 3. If there be lands so liable, which were conveyed by the defendant in the execution, and also lands which have been sold under execution against such defendant, they shall respectively be liable in succession according to the order herein prescribed. $72. If a bill be filed in the court of chancery to compel such contribution, the person aggrieved shall be entitled to use the original judgment, and by virtue thereof, to levy the amount which ought to be contributed by the lands and tenements subject to such judgment; and for that purpose, such judgment shall remain a lien and charge upon such lands and tenements, for the term of ten years from the docketing thereof, to the extent of the sum which ought to be so contributed, notwithstanding such sum, or any part thereof, may have been paid by the party seeking such contribution. $73. But such original judgment shall not remain a lien upon any nent lands, nor shall they be subject to an execution as herein provided, unless the person aggrieved, within twenty days after the payment of any sum of money by him, for which he shall claim a contribution, shall file an affidavit with a clerk of the court in which the original judgment was rendered, stating the sum paid, and his claim to use such judgment for the reimbursement thereof. Prisoners on execution, $74. On the filing of such affidavit, the clerk shall make an entry in the margin of the docket of such judgment, stating the sum so paid, and that such judgment is claimed to be a lien to that amount. If such judgment be in the supreme court, such clerk shall also transmit a copy of such entry to the other clerks of that court, at the same time with his docket of judgments, and the like entry shall be made by such clerks in the margin of their dockets of such judgments. $75. The same fee shall be paid on filing any such affidavit as for the filing and docketing a record of judgment. ARTICLE FOURTH. Executions against the Person. SEC. 76. Persons arrested on execution, how to be kept. $76. Whenever any person shall be arrested by virtue of an exehow kept. cution issued upon any judgment rendered in a court of record, he shall be safely kept in secure custody, in the manner prescribed by law, at his own expense, until he shall satisfy such execution, or be discharged according to law. 67 (67) 1 R. L. p. 425, § 19. $77. Every person surrendered in exoneration of his bail, shall be kept in like manner, until he shall satisfy the judgment rendered against him, or be discharged according to law. 68 ART. 1. Ib. as to persons sur rendered by bail. TITLE VI. PROVISIONS CONCERNING CERTAIN PROCEEDINGS IN THE PROGRESS ART. 1. Of proceedings against joint debtors. ART. 2. Of proceedings on bonds for the performance of covenants. ART. 3. Of bail, and proceedings to charge and exonerate them. ART. 4. Of consolidating and referring causes. ARTICLE FIRST. Of Proceedings against Joint Debtors. SEC. 1. Judgment in actions against joint debtors. 2. Effect of judgment as to the different defendants. 3. Form of execution; endorsements to be made thereon. 4. Proceedings on execution. judgment. $1. In actions against two or more persons jointly indebted upon Form of any joint obligation, contract or liability, if the process issued against all the defendants shall have been duly served upon either of them, the defendant so served shall answer to the plaintiff; and in such case, the judgment, if rendered in favor of the plaintiff, shall be against all the defendants in the same manner as if all had been served with process. 69 judgment. S2. Such judgment shall be conclusive evidence of the liability Effect of of the defendant who was personally served with process in the suit, or who appeared therein; but against every other defendant, it shall be evidence only of the extent of the plaintiff's demand, after the liability of such defendant shall have been established by other evi dence. cution, &c. $3. Execution upon every such judgment shall be issued in form Form of exeagainst all the defendants, but the attorney issuing the same shall endorse thereon the names of such of the defendants as were not served with the process by which the action was commenced, and shall direct such execution to be served, as provided in the next section. on execu $ 4. Such execution shall not be served upon the person of any Proceedings defendant whose name is so endorsed thereon; nor shall it be levied tion. on the sole property of any such defendant; but it may be collected of the personal property of any such defendant, owned by him as a partner with the other defendants taken, or with any of them.69 |