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tody, by virtue of an execution against his person, another execution cannot be issued, in the same action, against his person or his property, except in a case specially prescribed by law.

2 B.8. 364, 17. See Noe v. Christie, 46 How. 496; 15 Abb. N. 8. 344.

§ 1492. New execution may issue after escape. If a judgment debtor escapes, after having been taken, by virtue of an execution against his person, he may be retaken, by virtue of a new execution against his per son; or an execution against his property may be issued, as if the execution, by virtue of which he was taken, had been returned, without his having been taken. Id., 18.

1493. Id.; when debtor dies charged in exeontion. Where a judgment debtor, who has been taken by virtue of an execution against his person, dies while In custody, a new execution against his property may be issued, as if the execution, by virtue of which he was taken, had been returned without his having been taken.

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2R. S. 368,28 (2 Edm. 381). Sections 29 and 30 are in ? 1495, post. Bee 1380, 1381.

$ 1494. Id; when creditor charges debtor after thirty days. At any time after a judgment debtor has remained in custody, by virtue of an execution against his person, for the space of thirty days, the judgment creditor may serve upon the sheriff a written notice, requiring him to discharge the judgment debtor from custody, by virtue of the execution. Whereupon the sheriff must discharge the judgment debtor, and return the execution accordingly. After service of such a notice, another execution, against the person of the judgment debtor, cannot be issued upon the judgment; but after his discharge, the judgment creditor may other. wise enforce the judgment, as if the execution, from which he was discharged, had been returned, without his having been taken.

L. 1857, ch. 427, § 1, amending 2 R. S. 34, § 17 (2 Edm. 34).

1495. New execution not to be enforced against real property sold, etc. A new execution against property, issued in a case specified in the last two seotions, cannot be enforced against an interest in real

property, including a chattel real, which was purchased in good faith, from the judgment debtor, after the recovery of the judgment upon which it is issued; or which was sold by virtue of an execution, issued upon a previous or subsequent judgment.

See 101 N. Y. 13; 129 id. 188.






Actions relating to real property.

ARTICLE 1. Action to recover real property. 2. Action for partition.

3. Action for dower.

4. Action to foreclose a mortgage.

5. Action to compel the determination of a claim to real prop erty.

6. Action for waste.

7. Action for a nuisance.

8. Other actions relating to real property.

9. Provisions applicable to two or more of the actions; specified in this title.



BEC. 1496. Plaintiff may recover damages with the land. 1497. Rents and profits to be included in damages. 1498. Mortgagee cannot maintain action.

1499. Action cannot be maintained for dower.

1500. Separate action by joint tenant or tenant in common.
1501. Grantee of lands held adversely may maintain action.
1502. Against whom action to be brought.

1503. Who may be joined as defendants.

1504. When action may be brought for non-payment of rent. 1505. Id.; when right of re-entry is reserved for want of distress. 1506. Action against tenant; when proceedings to be stayed. 1507. Id.; amount of rent in arrear to be stated in judgment. 1508, 1509. Id.; when possession to be restored to defendant. 1510. Id.; use of property, when set off against rent. 1511. Property claimed in action; how described in complaint. 1512. Motion for plaintiff's attorney to produce his authority. 1513. Order thereupon.

1514. Evidence of authority.

1515. When ouster to be proved.

1516. Rule, when there are distinct occupants.

1517. The last section qualified.

1518. When plaintiff may recover against one defendant, subject to rights of others.

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