The advocate and Topeka tribune., 1893-03-29

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that he is willing to credit on his claim, and
in order TO redeem said real estate, the de-
fendant shall only be bound to pay the
amount 80 stated.
SIC, IA. The mode Of redemption as herein
provided is by paying the money into the
Office of the clerk Of the district court for
the use Of the persons thereuntO entitled.
The person 80 redeeming, il not the defend
ant owner in execution or order of sale, must
also file his affidavit, or that of his agent or
attorney, stating as nearly aS practicable
the amount still unpaid and due on his own
claim. The clerk shall give him receipt
for the money, stating the purpose for which
IL is paid. He must also enter the same
upon q book kept for that purpose, with q
minute of such redemption, the amount
paid, and the amount Of the lien of the last
redemption as sworn to by him.
SEQ. Is. The last creditor who redeems
prior 20 the fifteen months shall be entitled
to receive an assignment of the certificate
of purchase issued by the sheriff, as herein
before directed.
SEo. 16. Whenever the property has been
sold in parcels, any distinct portion thereof
may be redeemed by itself, and If creditors
other than the original purchaser have re-
deemed, the amount Of their claim shall be
added to each parcel pro rata in proportion
to the amount for which the same was
originally sold.
SRo. II. When the interests of several
tenants in common have been sold on exc
cution, the undivided portion Of any or
either of them may be redeemed separately.
SEQ. IS. The rights Of the defendant
owner in relation to redemption may be as
signed or transferred, and the purchaser or
assignee thereof shall have the same right
of redemption as the defendant owner; but
the right of redemption shall not be subject
to levy or sale on execution.
SEC. 10. The holder Of the legal title the
time of issuance of execution or order of
sale shall have the same right ofredemption
upon the same terms and conditions as the
defendant in execution, and also shall be en-
titled TO the possession of the property the
same as the defendant in execution, as here
inbefore provided.
SEC. 20. If the defendant in execution or
order Of sale, or his assigns, or the owner Of
said legal title, fail to redeem, the sheriff
must at the end of the redemption period
herein provided execute deed 10 the person
who 10 entitled TO the certificate of purchase
as hereinbefOre provided, or his assignee. If
the person entitled to a deed be dead, the
deed shall be made to his heirs; but the
the payment of the debts of the deceased,
In the same manner ss if acquired during
his lifetime.
SEC. 21. The purchaser Of real estate at
sale on execution OF order of sale or special
execution must place evidence Of his pur-
chase upon record within six months after
the expiration of full time of redemption;
up TO that time, the publicity of the pVo-
Ceedings 10 constructive notice OF the rights
Of the purchaser, but no longer.
SEo. %. The purchaser or party entitled
to q deed under sale, 90 hereinbetore pro-
vided, may, after the deed is made to him
by the sheriff, recover damages for any in
jury or waste permitted upon the property
purchased after the sale and before posses
sion is delivered under the conveyance.
SEC. %. Real estate once sold upon order Of
sale, special execution, or general execution,
shall not again be liable for sale for any
balance due upon the judgment or decree
under which the same is sold, or any judg-
ment or lien inferior thereto, and under
which the holder of such lien had right to
redeem within the fifteen months hereinbe-
fore provided for.
SEC. "a. The holder Of che certificate of
purchase shall be entitled to prevent any
waste or destruction Of the premises pur.
chased, and for that purpose the court, on
proper showing, may issue an injunction;
or, when required TO protect said premises
against waste, appoint and place in charge
thereof a receiver, who shall hold said
premises until suOh time as the purchaser is
entitled TO a deed, and shall be entitled TO
rent, control and manage the same, but the
income during said time, except what is
necessary to keep up repairs and prevent
waste, shall 60 TO the owner or defendantin
execution, or the owner Of its legal title.
SEC. %. The provisions Of this act shall
apply TO all sales under foreclosure Of mort
gage, trust deed, mechanics hen, or other
lien, whether special or general, and the
terms Of redemption shall be the same.
SRc. 26. The sheriff shall at once make
return of all sales made under this act to
the court; and the court, If it finds the pro-