What own tions may whole. $47. Any heir or devisee of the person against whom the execu ART. 2. tion was issued, and any grantee of such person who shall have acquired an absolute title to a portion of the estate sold, or to a portion of ers of porany lot, tract or parcel that shall have been separately sold, may re- redeem the deem the lot, tract or parcel so sold, on the same terms, and in the same manner as if he were grantee of the whole lot, tract or parcel, and shall have the same remedy to enforce contribution from those who shall own the residue of such tract, lot or parcel, as if the sum required to be paid by him to effect such redemption, had been collected by a sale of the portion belonging to such grantee. shares. $48. If there be several persons having undivided shares, as joint Undivided tenants, or as tenants in common, in the premises sold, or in any particular lot or tract sold, each person having such title may redeem the share or interest belonging to him, by paying to the purchaser, or to the officer, as herein directed, a sum that will bear the same proportion to the whole purchase money bid for such premises, or for such particular lot or tract, as the share proposed to be redeemed, bears to the whole number of shares in such premises, or lot or tract, together with the interest on such sum, at the rate of ten per cent. a year. S49. Upon such payment being made by any person so entitled to Sale void on redeem any real estate so sold, the sale of the premises so redeemed, and the certificates of such sale, shall be null and void. 59 redemption. quiring right $ 50. In case the persons entitled as herein before provided, shall Time for aeomit to redeem the premises so sold, or any part of them within the of purchaser. year above prescribed, then the interest vested in the purchaser by such sale may be acquired within three months after the expiration of such year, by the persons and on the terms herein after prescribed.60 may be ac § 51. Any creditor of the person against whom such execution is- By whom it sued, having in his own name, or as assignee, representative, trustee quired. or otherwise, a decree in chancery or a judgment at law, rendered at any time before the expiration of fifteen months from the time of such sale, and which shall be a lien and charge upon the premises sold, by paying the sum of money which was paid on the sale of such premises, together with interest thereon at the rate of seven per cent. a year from the time of such sale, shall thereby acquire all the rights of the original purchaser, subject to be defeated in the manner herein after mentioned.60 ment lien on $ 52. If such judgment or decree be a lien on any lot, tract or par- When judgcel that shall have been separately sold, the creditor having the same, single lot. by paying as before provided, the sum which shall have been bid for such lot, tract, or parcel, with interest as above mentioned, shall there (59) Laws of IS20, p. 167, § 2. (60) Ib. § 3. TITLE 5. by acquire all the rights of the original purchaser, to such lot, tract or parcel, subject to be defeated as herein after provided. When on a portion of a lot. When on undivided share. Terms of purchase by tors. $53. If such judgment or decree be a lien on a specific portion only of any lot, tract or parcel so sold, the creditor having the same may acquire the title of the purchaser to the whole of such lot, tract or parcel, in the same manner as if such lien extended to the whole. $54. Any such creditor having such decree or judgment, which is a lien upon any undivided share or interest in any real estate sold under execution, may, within the same time, on the same terms, and in the same manner, acquire the title of the original purchaser to such share or interest, by paying such part of the whole purchase money of such real estate, as shall be in a just proportion to the amount of such share or interest. $ 55. Whenever any such creditor shall have acquired the title of other credi- the original purchaser, pursuant to the foregoing provisions, any other creditor, who might have acquired such title according to the said provisions, may become a purchaser thereof from the first creditor who acquired the same, upon the following conditions: Third and other creditors. Original purchaser being creditor. 1. By reimbursing to such first creditor, his personal representatives or assigns, the sum which may have been paid by him to acquire such title, together with interest thereon at the rate of seven per cent. a year, from the time of such payment, to the time of such reimburse ment: 2. If the judgment or decree by virtue of which the first creditor acquired the title of the original purchaser, be prior to the judgment or decree of such second creditor, then such second creditor shall also pay to such first creditor, the amount due on his judgment or decree: 3. But if such judgment or decree of the first creditor, at the time of his acquiring the title of the original purchaser, shall have ceased to be a lien as against such second creditor, it shall not be necessary pay the amount thereof.61 to $56. In the same manner, any third or other creditor, who might, according to the foregoing provisions, acquire the title of the original purchaser, may become a purchaser thereof from the second, third, or any other creditor, who may have become such purchaser from any other creditor, upon the same terms and conditions specified in the last section.61 57. If the original purchaser of any premises so sold, shall also be a creditor of the defendant against whom the execution issued, and as such might acquire the title of any purchaser, according to the preceding provisions, he may avail himself of his decree or judgment, in the same manner, and on the same terms herein prescribed, to acquire the title which any creditor may have obtained. (61) Laws of 1820, p. 167, § 3. 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 Evidence 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 cxecutors, &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. 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 $ 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." 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. $ 67. 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 acquir ing 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 execu tion, 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. 72. Proceedings in chancery for contribution. 73. Lien of original judgment how procured by affidavit. 74 & 75. Proceedings and fee of clerk on filing affidavit. ART. 3. chaser may $68. If the purchaser of any real estate, sold by virtue of an ex- When purecution, 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. $ 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 contribution $70. When lands and tenements, in the hands of several persons, Cases for 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 $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. tribution. |