Page:United States Statutes at Large Volume 76A.djvu/418

–322– -322§ 563. Rents and profits The purchaser from the time of the sale until a redemption, and a redemptioner from the time of his redemption until another redemption, is entitled to receive, from the tenant in possession, the rents of the property sold, or the value 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, from the property thus sold preceding the redemption, 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 the redemption, demands in writing of the purchaser or creditor, or his assigns, a written and verified statement of the amounts of the rents and profits thus received, the period for redemption is extended five days after the sworn statement is given by the purchaser or his assigns, to the redemptioner or debtor. If the purchaser or his assigns shall, for a period of one month from and after demand, fail or refuse to give the statement, the redemptioner or debtor may bring an action in any court of competent jurisdiction, to compel an accounting and disclosure of the rents and profits, and until fifteen days from and after the final determination of the action, the right of redemption is extended to the redemptioner or debtor. § 564. Eviction of purchaser or failure to obtain possession; revival of judgment If the purchaser of real property sold on execution, or his successor in interest, is evicted therefrom in consequence of iregularities 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 a marshal's sale, or his successor in interest, fails to recover possession in consequence of iregularity in the proceedings concerning the sale, or because the property sold was not subject to execution and sale, the court having jurisdiction thereof shall, after notice and on motion of the party m interest, or his attorney, revive the original judgment in the name of the petitioner, for the amount paid by the 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. § 565. Contribution among judgment debtors; repayment of surety If property, liable to an execution against several persons, is sold thereon, and 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 a case the person so paying or contributing is entitled to the benefit of the judgment, to enforce contribution or repayment, if, within 10 days after his payment, he files with the clerk of the court where the judgment was rendered, notice of his payment and claim to contribution or repayment. Upon a filing of the notice, the clerk shall make an entry thereof in the margin oi the docket.

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