Sec. 281. The judgment debtor or redemptioner may redeem the property from the purchaser within six months after the sale, on paying the purchaser the amount of his purchase, with twelve per cent. thereon in addition, together with the amount of any assessment or taxes which the purchaser may have paid thereon after the purchase and interest on such amount; and if the purchaser be also a creditor, having a prior lien to that of the redemptioner, other than the judgment under which such purchase was made, the amount of such lien with interest.

Sec. 282. If property be so redeemed by a redemptioner, either the judgment debtor or another redemptioner may, within sixty days after the last redemption, again redeem it from the last redemptioner on paying the sum paid on such last redemption, with four per cent. thereon in addition, and the amount of any assessment of taxes which the said last redemptioner may have paid thereon after the redemption by him, with interest on such amount, and in addition the amount of any liens held by said last redemptioner prior to his own, with interest: Provided, That the judgment under which the property was sold need not so be paid as a lien. The property may be again, and so often as the debtor or a redemptioner is so disposed redeem from any previous redemptioner, within sixty days after the last redemption, with four per cent. thereon in addition, and the amount of any assessments or taxes which the last previous redemptioner paid after the redemption by him, with interest thereon, and the amount of any liens other than the judgment under which the property was sold, held by the said last redemptioner previous to his own, with interest. Notice of redemption shall be given to the sheriff. If no redemption be made within six months after the sale, the purchaser or his assignee shall be entitled to a conveyance; or if so redeemed, whenever sixty days have elapsed and no other redemption has been made, and notice thereof given, the time for redemption shall have expired, and the last redemptioner or his assignee shall be entitled to a sheriff's deed. If the debtor redeem at any time. before the time for redemption expires, the effect of the sale shall be terminated and he be restored to his estate.

Sec. 283. The payments mentioned in the last two sections may be made to the purchaser or redemptioner, as the case may be, or for him, to the officer who made the sale; or, in case his term of office has expired, then to his successor in office, and in all cases when, under the provisions of this act, a purchaser of property at execution sale shall be entitled to a conveyance of the same, such conveyance shall be executed to him by the officer who made the sale, if he still be in office, but in case the officer who made the sale be not in such office at the time the purchaser may be entitled to such conveyance, then the conveyance shall be executed by his successor in office.

Sec. 284. A redemptioner shall produce to the officer or per

son from whom he seeks to redeem, and serve with his notice to the sheriff: First. A copy of the docket of the judgment under which he claims the right to redeem, certified by the clerk of the court or of the county where the judgment is docketed; or if he redeem upon a mortgage or other lien, a note of the record. thereof certified by the recorder. Second. A copy of any assignment necessary to establish his claim, verified by the affidavit of himself or of a subscribing witness thereto; and, third, an affidavit by himself or his agent showing the amount then actually due on the lien.

Sec. 285. Until the expiration of the time allowed for redemption, the court may restrain the commission of waste on the property by order granted, with or without notice, on the application of the purchaser or the judgment creditor. But it shall not be deemed waste for the person in possession of the property at the time of sale, or entitled to possession afterwards, during the period allowed for redemption, to continue to use it, in the same manner in which it was previously used; or to use it in the ordinary course of husbandry; or to make the necessary repairs of buildings thereon; or to use wood or timber on the property therefor; or for the repair of fences; or for fuel for his family while he occupies the property.

Sec. 286. If the purchaser of real property, sold on execution, or his successor in interest, be evicted therefrom in consequence of irregularities in the proceedings concerning the sale, or of the reversal or discharge of the judgment, he may recover the price paid, with interest, from the judgment creditor. If the purchaser of property at sheriff's sale, or his successor in interest, fail to recover possession 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 thereof shall, on petition of such party in interest, or his attorney, revive the original judgment 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 when so revived, the said judgment shall have the same effect as an original judgment of the said court of that date, and bearing interest as aforesaid; and any other or after acquired property, rents, issues, or profits of the said debtor, shall be liable to levy and sale under execution in satisfaction of such debt: Provided, That no property of such debtor sold bona fide before the filing of such petition shall be subject to lien of said judgment; And provided, further, That notice of the filing of such petition shall be made by filing a notice thereof in the recorder's office of the county where such property may be situated, and that said judgment shall be revived in the name of the original plaintiff or plaintiffs, for the use of said petitioner, the party in interest.

CHAPTER II.

PROCEEDINGS SUPPLEMENTARY TO EXECUTION.

Sec. 287. When execution returned unsatisfied, judgment creditor may compel judgment debtor to appear before a judge and answer concerning his property; debtor not to go out of his county.

Sec. 288.

Proceedings to compel debtor to appear. In what case he may be arrested; what bail may be given.

Sec. 289. Any debtor of the judgment debtor, or of those having property belonging to him, may pay.

Sec. 290.

Examination of debtors, of judgment debtors, or of those having property belonging.

Sec. 291. Witness required to testify.

Sec. 292. Judge may order property to be applied on execution.
Sec. 293. Proceedings upon claim of another party to property
or on denial of indebtedness to judgment debtor.
Sec. 294. Disobedience of order-how punished.

Section 287. When an execution against property of the judg ment debtor, or any of several debtors in the same judgment, issued to the sheriff of the county where he resides, or if he does not reside in this territory to the sheriff of the county where the judgment roll is filed, is returned unsatisfied in whole or in part, the judgment creditor, at any time after such return is made, shall be entitled to an order from the judge of the court or probate judge, requiring such judgment debtor to appear and answer 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 shall be required to attend before a judge or referee out of the county in which he resides when proceedings are taken under the provisions of this chapter.

Sec. 288. After issuing an execution against property, and upon proof by affidavit by a party or otherwise, to the satisfaction of the court, or a 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 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 sheriff 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 surety that he will attend from time to time before the judge or referee, as shall 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. In default of entering into such undertaking he may be committed to prison.

Sec. 289. After the issuing of an execution against property, any person indebted to the judgment debtor may pay to the sheriff the amount of his debt, or so much thereof as may be necessary to satisfy the execution, and the sheriff's receipt shall be a sufficient discharge for the amount so paid.

Sec. 290. After the issuing or return of an execution against property of a judgment debtor, or any one of several debtors in the same judgment, and upon 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. 291. Witnesses may be required to appear and testify before the judge or referee, upon any proceeding under this chapter, in the same manner as upon trial of an issue.

Sec. 292. The judge or referee may order any property of the judgment debtor, not exempt from execution, in the hands of such debtor or any other person, or due to the judgment debtor, to be applied towards the satisfaction of the judgment; except, that the earnings of the debtor for his personal services, at any time within thirty days next preceding the order, shall not be so applied, when it shall be made to appear by the debtor's affidavit, or otherwise, that such earnings are necessary for the use of a family supported wholly or partly by his labor.

Sec. 293. If it appear that a person or corporation alleged to have property of the judgment debtor, or 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 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. Sec. 294. If any person, party, or witness, disobey an order of the referee, properly made, in the proceeding before him, under this chapter, he may be punished by the court or judge ordering the reference for a contempt.

TITLE VIII.

ACTIONS IN PARTICULAR CASES.

CHAPTER I.

ACTIONS FOR THE FORECLOSURE OF MORTGAGES.

Sec. 295. Proceedings in foreclosure suits.

Sec. 296. Surplus money to be deposited in court.

Sec. 297. Proceedings when debt secured fall due at different

times.

Section 295. There shall be but one action for the recovery of any debt, or the enforcement of any rights, secured by mortgage, upon real estate or personal property, which action shall be in accordance with the provisions of this chapter. In actions for the foreclosure of mortgages, the court shall have the power, by its judgment, to direct a sale of the incumbered property (or as much as may be necessary) and the application of the proceeds of the sale to the payment of the costs of the court and expenses of the sale and the amount due to the plaintiff; and if it appear from the sheriff's return, that the proceeds are insufficient, and a balance still remains due, judgment shall be docketed for such balance against the defendant or defendants personally liable for the debt, and shall then become a lien on the real estate of such judgment debtor, as in other cases in which execution may be issued. No person holding a conveyance from or under the mortgagor, or of the property mortgaged, or having a lien thereon, which conveyance does not appear on 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, shall be as conclusive against the party holding such unrecorded conveyance or lien, as if he had been made a party to said action, and shall, in all respects, have the same force and effect.

Sec. 296. If there be surplus money remaining after payment of the amount due on the mortgage, lien, or incumbrance, with costs, the court may cause the same to be paid to the person entitled to it, and in the meantime may direct it to be deposited

in court.

Sec. 297. If the debt for which the mortgage, lien, or incumbrance is held be not all due, so soon as sufficient of the property has been sold to pay the amount due with costs, the sale shall cease; and afterwards, as often as more becomes due for prin