The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1891-02-12

made, together with costs; subject, how
ever, to the exception contained in the
next section. But when mortgagee
whose claim is not yet due Is the person
from whom the redemption is thus to be
made. rebate of interest at the rate
specified in his mortgage must be made
by the mortgage on his claim:
Sec. II. When a senior creditor thus re-
deems from mis- Junior creditor, he Is re-
quired to pay off only the amount of those
liens which are paramount to his own,
with the interest and costs appertaInlng
to those liens: and the junior creditor may
in all such cases prevent a redemption
by the holder of the paramount
lien by paying off such lien, or by
leaving with the clerk beforehand the
amount necessary therefor.
Sec. 49, A junior judgment-creditor
may redeem from senior judgment
creditor, by paying to the party, the clerk,
or the sheriff If execution has issued, the
full sum due, with interest and costs, and
shall become thereby vested with the title
to the Judgment so redeemed If paid to
the sheriff, he shall give to the party re-
deemng a certificate that he has paid
such sum for the redemption OF the Judg-
ment, describing it, which being presented
to the clerk, he shall enter such redemp,
tion on the judgment docket, and he shall
do the same il the money Is paid TO him
self
! Sec. 19 When a senior creditor redeems
| from a junior creditor, the latter may IN
/ turn redeem from the former. and SO on,
as often as the land is taken from him Dy
virtue of paramount lien. After the eX-
piration of eighteen months from the day
| of sale, the creditors can no longer re-
/ deem from each other except as herein
after provided. But the owner may still
redeem at any time before the end OF two
years as aforesaid.
! Sec 20 Unless the owner thus re-
I =, . - or W hn has
! last redeemed prior to the expiration of
! the eighteen months aforesaid, viii hold
| the property absolutely; and In case ii Is
| thus held by a redeeming creditor, his
! lien, and the claim out OF which 1t arose,
will be held to be extinguished, unless he
| pursues the course pointed out III the
next section.
| Sec, 21 If he is unwilling to hold the
property and credit the owner with the
| full amount of his claim, he must, within
ten days after the eighteen months afore-
said, enter on the sale book the utmost
amount that he is thus willing to credit
on his claim.
Sec q. Anv unsatisfied lien-creditor,
within ten days after the expiration or the
time thus allowed to make the entry re-
quired in the last section, may redeem the
property by paying che amount OK the
| legal disbursements of the last holder as
hereinbefore regulated, added To the
Q
together with interest and costs. Aud
such redemptioner shall also credit the
owner with the full amount of such re-
demptiOner's lien, unless within ten days
after redeeming az aforesaid he likewise
makes a like entry on the sale-book, IN
which case any other unsatis6ed lien
creditor may in like manner redeem with
in ten days as aforesaid, and 50 on until
there ar no more unSatlsfied liens, or un-
til the expiration of the two years for re-
demption: but the owner shall have the
final privilege of redeeming from the last
redeInDtioner at the end of two years.
Sec % The mode Of making the re-
demption shall be by paying the money
into the clerks office for the use OF the
person thereto entitled, or directly TO such
person or persons themselves. The person
so redeeming, if not defendant In execu-
ton must also file affidavit, or that of his
agent or attorney, stating as nearly as
practicable the amount still unpaid and
due on his claim. If payment be made to
the clerk said clerk shall give the redemp
tioner a receipt for the money, stating the
purpose for which it was paid. He must
also at the same time enter III the sale
book A minute of such redemption, of the
amount paid a"d the amount of the lien
of the last redemptioner as sworn to by
him.
Sec. "a The creditor thus redeeming is
entitled to receive any assignment of the
certificate issued by the sheriff to the
original purchaser, as hereInbefore di-
rected.
Sec 25 When the property has been
sold in parcels, any distinct portion may
be redeemed by itself; and when the inter
ests of several. tenants-in-common have
been sold on execution, the undivided pOr
tion of any or either OF them may be re-
deemed separately.
Sec. 26. The rights of the owner in re
latiou 10 redemption are transferable, and
the assignee has the like power to redeem. |
Ii the owner or his assignee fail to redeem, |
the sheriff must, at the end OF two years, !
executive deed 10 the person who is en- !
titled to the certificate as here1nbefore /
provided, or TO his assignee. IL the per /
son entitled to the deed be dead, the deed /
shall be M de to his heirs. but the prop
erty will be subject to the payment of /
the deceased in the same manner as If ac- !
quired during his lifetime.
Sec y. When the owner or his assignee /
redeems the real property as herein before /
provided. it shall be forever free and dis |
charged of the lien of the original judg- /
ment or mortgage under which II was /
sold, and the liens of all redemptioners.
Sec. IS The purchaser of real prop |
erty at a sale on execution need not place /
any evidence of bis purchase upon record /
until twenty days after the expiration of
the full time for redemption, Up to that
time the publicity of the proceedings Is
constructive notice OF the rights OF the
purchaser. but no longer.
Sec. % Deeds executed by the sheriff in
pursuance OF the sales contemplated In this
act. shall be presumptive evidence OF the
regularity of the sale, and of all previous
proceedings in the case and may be given
in evidence without preliminary proof.
Sec. 80. When real estate has been sold
on execution, or otherwise as provided by
this act, the purchaser thereof. or any
person who has succeeded to his interest,
NAV, after his estate becomes absolute, re-
cover damages for any injury 70 the prop
ertv committed after the sale and before
possession is delivered under the convey
ance. If the property Is abandoned by the
owner at time of sale, or at any time
during the redemption period. the owner
of the certificate shall be entitled TO the
possession of the property.
Sec. 81 The supreme court shall without
delay prescribe suitable forms for adver
tisements. certificates of sale, deeds. record
books, reports. receipts, and all othertOrms
necessary for carrying out the provisions
of this act.
Sec. 81 The clerk OF the district court
shall be entitled 10 receive fee OF - cents
from each person redeeming real estate
under this act, 20 he paid by said redeup
toner. and for other services required by I
this act such fees as may be allowed by 4
law
Sec. IS. This act shall take effect and be
IN force from and after its publication N
the statute book.
The RAILROAD BILL: