Page:United States Statutes at Large Volume 47 Part 1.djvu/999

 72d C ONGRESS. SESS. II. CH. 127 . FEBRUARY 27, 1933 . 975 judgment is docketed ; or, if he redeem upon a mortgage or other lien, a note of the record thereof, certified by the registrar ; 2. A copy of any assignment necessary to establish his claim , verified by the affidavi t of him self, or of a sub scribing witn ess thereto ; 3 . An affidavit by himself or his agent, showing the amount then actually due on the lien. SEC. 375. UNTIL THE EXPIR ATION O F R EDE MPT ION -TI ME, COURT MAY Restraint of property RESTRAIN WASTE ON 'itli°; PROPERTY ; WHAT CON SI DER ED WASTE .-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 is not waste for the person in possession of the property at the time of sale, or entitled to possession afte r- wards, during the period allowed for redemption, to continue to use it in the same manner in which it was previously used ; or to use in the ordinary course of husbandry ; or to make the necessary repairs of buildings thereon ; or to use wo od or timber on the property therefor i ox for the repair of fences ; or for fuel in his family, while he occupies 'the property. SEC. 37 6. RENTS AND PROFITS. The purchaser from the time of Rents and profits. the sale until a redempt ion, and a redem ptioner, from the time of his redemption u ntil another red emption, is enti tled to receive, from the tenant in po ssession the ren ts of the proper ty sold, or the v alue of the use and occupation thereof. But when any rents or profits have been received by the judgment creditor or purchaser, or his or their assigns, f rom the property thus sold prece ding such redempt ion, the amounts of such rents and profits shall be a credit upon the redemption money to be paid ; and if the redemptioner or judgment debtor, before the expiration of the time allowed for such redemp- tion, demands in writing of such purchaser or creditor, or his assigns a writte n and ve rified s tatement of the amounts o f such r ents and profits thus rec eived, t he perio d for re demption is exten ded five days aft er such sworn st atement is given by such purchase r 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 bring an action in any court of co mpete nt ju risdic tion, to compel an accounting and disclosure of such rents and profits, and until fi fteen da ys from and afte r the fi nal deter mination of such action, the right of redemption is extended to such redemptioner or debtor. SEC. 377. IF PUR CHAS ER OF REAL PROPERTY BE EVICTED FOR IRREGII- Recovery, etc ., by evicted purchaser Of LA RITIES IN SAT .F, WHAT HE MAY RECOVER, AND FROM WHOM ; WHEN real property. JUDGMENT TO BE R EVIVED ; PETITION FOR THE PURPOSE, HOW AND BY WHO M MADE.-If the purchaser of real property sold on execution or his successor in interest, be evicted therefrom in consequence ol irregularities in the proceedings concerning the sale, or of the reversal or disc harge of the jud gment, he may re cover the price p aid with interest, from the judgment creditor. If the purchaser of property at marshal's sale, or his successor in interest, fail to recover Proc edu re. possession in co nsequence of irr egularity in the proceedings conc ern- ing the sale, or because the property sold was not subject to execution and sale, the court having jurisdiction thereof must, after notice and on motion of such party in interest, or his attorney, revive the orig- inal 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