Rents before redemption.

§ 236.* The purchaser from the time of the sale until a redemption, and a redemptioner, from the time of his redemption until another redemption, shall be entitled to receive from the tenant in possession the rents of the property sold, or the value of the use and occupation thereof.

[7 Cal. 43; 13 Cal. 514; 21 Cal. 135; 30 Cal. 425; 31 Cal. 269.]

Eviction of purchaser. Liability of judgment debtor.

§ 237.* 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 the lien of said judgment; and, provided, further, that notice of

* Applicable to justices' courts, see 601,

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.(a) [Amendment, approved April 28, 1860, 298.

CHAPTER II.

PROCEEDINGS SUPPLEMENTARY TO THE EXECUTION.

Examination of judgment debtor.

$238.* When an execution against property of the judg ment debtor, or of any one of several debtors in the same Judgment, issued to the sheriff of the county where he resides; or if he do not reside in this State, 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 a county judge, requiring such judgment debtor to appear and answer concerning his prop

Applicable to justices' courts, see 601.

(a) Original section:

§ 237. If the purchaser of real property sold on execution, or his successor in interest, be evicted therefrom in consequence of irregularity 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 recovery be in consequence of the irregularity in the proceedings concerning the sale, the judgment may, by order of the court, upon notice to the judgment debtor, be revived, and a new execution issued for the price paid on the sale, with interest. Such judgment shall be a lien on the real estate of the judgment debtor only from the time of its revival.

erty, 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.

[7 Cal. 201.]

Concealing and absconding debtors. Arrest.

$239.* After the issuing of an execution against property, and upon proof by affidavit, of a party, or otherwise to the satisfaction of the court, or of a judge thereof, or county judge, that any judgment debtor has property which he unjustly refuses to apply towards the satisfaction of the judg ment, such court or judge may, by an order require the judg ment debtor to appear at a specified time and place before such judge, or a referee appointed by him, to answer concerning the same; and such procedings 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 sufficient surety that he will attend from time to time before the judge or referee, as shall be directed during the pendency of proceedings and until the final determination thereof, and will not in the mean time dispose of any portion of his property, not exempt from execution. In default of entering into such

* Applicable to justices' courts, see 601.

undertaking he may be committed to prison. (a)

[Amend

ment, passed May 15, 1854, 84; took effect July 1, 1854.

Debtor of judgment debtor may pay.

$ 240. 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.

Examination of debtor of judgment debtor.

§ 241.* After the issuing or return of an execution against property of the judgment debtor, or of 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.

Witnesses in supplementary proceedings.

§ 242.* 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 the trial of an issue.

Application of debts due judgment debtor.

§ 243.* The judge or referee may order any property of

* Applicable to justices' courts, see 601.

(a) The original section consisted of the first sentence of the text alone.

the judgment debtor, not exempt from execution, in the hands of such debtor or any other person, or due to the judg ment 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.

[26 Cal. 581.

The earnings of judgment debtor for thirty days preceding levy are also exempt from execution, ante, 219.]

Action against alleged debtor of judgment debtor.

§ 244.* 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.

Contempt before referee in supplementary proceedings.

§ 245.* If any person, party or witness, disobey an order of the referee, properly made in the proceedings before him under this chapter, he may be punished by the court or judge ordering the reference for a contempt.