or creditor, or his assigns, a written and verified statement of the amounts of such rents and profits thus revived, 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, within sixty days after said demand, 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.

sale, what he

and from whom.

SEC. 591. If the purchaser of real property sold on If purchaser of execution, or his successors in interest, be evicted there- real property be from in consequence of irregularities in the proceedings irregularities in concerning the sale, or of the reversal or discharge of the may recover judgment, he may recover the price paid with interest, from the judgment creditor. If the purchaser of property at an officer's sale or his successor in interest fail to recover pussession in consequence of irregularity in the proceedings concerning the sale or because the property sold was not subject to execution and sale, the court having jurisdiction when judgment thereof, must, after notice, and on motion of such party in interest, or his attorney, revive the original judgment in the name of the petitioner for the amount paid by such purchaser at the sale, with interest 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.

SEC. 592. When upon an execution against several persons, 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 pay

to be revived.

Party who pays

more than his pel contribution.

share may com

ment and claim to contribution or repayment. Upon a filing of such notice, the clerk must make an entry thereof in the margin of the docket.

Debtor required

to answer con

cerning his

CHAPTER II.

Proceedings Supplementary to the Execution.

SEC. 594. When an execution against property of the judgment debtor, or of any one of several debtors in property, when. the same judgment issued to a proper officer 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 requiring such judgment debtor to appear, and answer upon oath 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 judicial district in which he resides.

Proceedings to compel debtor to appear.

In what cases he

SEC. 595. 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 the judge thereof, that any judgment debtor has property which he unjustly refuses to apply towards the satisfaction of the judgment, such court, or judge, may, by an order, require the judgment debtor to appear at a specified time and place before such judge, or referee appointed by him, to answer concerning the same, and such proceedings may thereupon be had for the application of the property of the judgment debtor toward the satisfaction of the judgment, as are provided upon the return of an execution. Instead of the may be arrested, order requiring the attendance of the judgment debtor, the judge may, upon affidavit of the judgment creditor, his agent or attorney, if it appear to him that there is danger of the debtor absconding, order the United States marshal, or the sheriff of the county, to arrest the debtor, and bring him before such judge. Upon being brought before the judge, he may be ordered to enter into an undertaking, with sufficient surety, that he will attend from time to time, before the judge or referee, as may be directed during the pendency of the proceedings, and until the final determination thereof, and will not, in the meantime, dispose of any portion of his property not exempt from execution.

What bail may

be given.

In default of entering into such undertaking, he may be committed to prison.

debtor may pay

SEC. 596. After the issuing of an execution against Any debtor of property, and before its return, any person indebted to the the judgment judgment debtor, may pay to the officer the amount of his the latter's creddebt, or so much thereof as may be necessary to satisfy the execution, and the officer's receipt is a sufficient discharge for the amount so paid.

upon

itor.

debtors of judg

property be

longing to him.

SEC. 597. After the issuing, or return of an execu- Examination of tion against property of the judgment debtor, or of any ment debtors, or one of several debtors in the same judgment, and of those having proof by affidavit or otherwise, to the satisfaction of the judge, that any person or corporation has property of such judgment debtor, or is indebted to him in an amount exceeding fifty dollars, the judge may, by an order, require such person or corporation, or any officer or member thereof, to appear at a specified time and place, before him, or a referee appointed by him, and answer concerning the

same.

SEC. 598. Witnesses may be required to appear and Witnesses retestify before the judge, or referee, upon any proceeding quired to testify. under this Chapter in the same manner as upon the trial of

an issue.

to be applied on

SEC. 599. The judge, or referee, may order any Judge may property of the judgment debtor not exempt from execu- order property tion, in the hands of such debtor, or any other person, or execution. due to the judgment debtor, to be applied towards the satisfaction of the judgment.

Proceedings

another party to property, or on denial of indebtedness to

debtor

SEC. 600. If it appears that a person, or corporation, alleged to have property of the judgment debtor, or to be upon claim of indebted to him, claims an interest in the property, adverse to him, or denies the debt, the court or judge may authorize, by an order made to that effect, the judgment judgment creditor to institute an action against such person, or corporation, for the recovery of such interest or debt; and the court or judge may, by order, forbid a transfer, or other disposition of such interest, or debt, until an action can be commenced and prosecuted to judgment. Such order may be modified or vacated by the judge granting the same, or the court in which the action is brought, at any time, upon such terms as may be just.

Disobedience of

punished.

SEC. 601. If any person, party, or witnesses, disobey an order of the referee, properly made in the pro- orders, how ceedings before him under this Chapter, he may be punished by the court, or judge, ordering the reference, for a contempt. When the judgment requires the person against

When court must issue con. veyance.

whom it is rendered to execute and deliver to any other person, a conveyance of any specific real property, and the person against whom it is rendered, shall refuse or neglect to execute and deliver said conveyance for five days after the service upon him of a certified copy of such judgment, or if he is absent or concealed, so that service of such certified copy can not be had, upon proof, satisfactory to the court, that such service has been made, or that it cannot be made by reason of such absence or concealment, the person entitled to the conveyance may obtain from the court an order that the certified copy of the judgment, together with the order, be recorded by the recorder of deeds of the county where the real property is situated, and when recorded, it shall give to the person entitled to such conveyance a right to the possession of the real property described in the judgment, and to hold the same according to the terms of the conveyance ordered, in like manner as if it had been conveyed in pursuance of the judgment. The recording of any judgment as above provided, shall not prevent the court rendering such judgment from enforcing the same by any proper procees, according to the course of proceedings therein.

TITLE X.

ACTIONS IN PARTICULAR CASES.

Proceedings in foreclosure suits.

CHAPTER I.

Actions for Foreclosure of Mortgages.

SEC. 606. There can be but one action for the recovery of any debt, or the enforcement of any right secured by mortgage upon real estate or personal property, which action must be in accordance with the provisions of

this Chapter. In such action the court may, by its judgment, direct a sale of the encumbered property, or so much thereof as may be necessary and the application of the proceeds of the sale to the payment of the costs of the court and that expenses of the sale, and the amount due to the plaintiff; and sales of real estate under judgments of foreclosure of mortgages and liens are subject to redemption as in case of sales under execution; and if it appear from the return of the officer making the sale that the proceeds are insufficient, and a balance still remains due, judgment can then be docketed for such balance against the defendant or defendants, personally liable for the debt, and it becomes a lien on the real estate of such judgment debtor, as in other cases, on which execution may be issued. No person holding a conveyance from or under the mortgagor of the property mortgaged, or having a lien thereon, which conveyance or lien does not appear of record in the proper office, at the time of the commencement of the action, need be made a party to such action, and the judgment therein rendered, and the proceedings therein had, are as conclusive against the party holding such unrecorded conveyance, or lien as if he had been made a party to the action.

Surplus money

SEC. 607. If there be surplus money remaining after payment of the amount due on the mortgage, lien, or in- to be deposited cumbrance, with costs, the court may cause the same to be in court. paid to the person entitled to it, and in the meantime may direct it to be deposited in court.

secured falls

times.

SEC. 608. If the debt for which the mortgage, lien, Proceedings, or incumbrance is held, is not all due, so soon as sufficient when deht of the property has been sold to pay the amount due, with due at different costs, the sale must cease, and afterwards, as often as more becomes due for principal or interest, the court may, on motion, order more to be sold. But if the property cannot be sold in portions, without injury to the parties, the whole may be ordered to be sold in the first instance, and the entire debt and costs paid, there being a rebate of interest where such rebate is proper.