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§ 1450. What sum to be paid, etc., when creditor redeems.

In a case specified in the last section, a creditor, having in his own name, or as executor, administrator, assignee, trustee, or otherwise, a judgment rendered, or a mortgage duly recorded, at any time before the expiration of fifteen months from the time of the sale, which is a lien upon the real property sold, may redeem that property, by paying the sum of money, which was paid upon the sale thereof, with interest at the rate of seven per centum a year from the time of the sale, and executing a certificate of satisfaction, as prescribed in section 1463 of this act.

Derivation.-R. S., pt. 3, ch. 6, tit. 5, 51, as amended by L. 410.

1847, ch.

Application. Ten Eyck v. Craig, 62 N. Y. 406; Ford v. Knapp, 102 N. Y. 135; Benton v. Hatch, 122 N. Y. 322; Elsworth v. Woolsey, 19 App. Div. 385, 46 N. Y. Supp. 486, affd., 154 N. Y. 748.

Redemption by judgment creditor. People ex rel. Post v. Fleming, 2 N. Y. 484; Gilchrist v. Comfort, 34 N. Y. 235; People ex rel. Short v. Bacon, 99 N. Y. 275; Morss v. Purvis, 2 Hun 542, affd., 68 N. Y. 225; Youmans v. Ferry, 32 Hun 624.

§ 1451. Redemption by another creditor from a redeeming creditor. Where a creditor has redeemed real property, as prescribed in the last section, any other creditor, who might have redeemed it from the purchaser, as therein prescribed, may redeem it from the first redeeming creditor, as follows:

1. He must reimburse to the first redeeming creditor, his executor, administrator, or assignee, the sum paid by him to redeem the property, with interest at the rate of seven per centum a year, from the time of his redemption.

2. He must execute a certificate of satisfaction, relating to his judgment or mortgage, in like manner as the first redeeming creditor was required to do.

3. If the judgment or mortgage, by virtue of which the first creditor redeemed, is prior to the judgment or mortgage of the second creditor, the second creditor must also pay to the first creditor, the sum specified in the certificate of satisfaction, executed by him upon his redemption, with interest at the rate of seven per centum a year, from the time of his redemption; unless the first redeeming creditor's judgment or mortgage had ceased, when he redeemed, to be a lien as against the second redeeming creditor; in which case, the latter need not pay any part of the sum, specified in the certificate.

Derivation.-R. S., pt. 3, ch. 6, tit.

5, § 55.

Construction.- Gilchrist V. Comfort, 34 N. Y. 235.

Waiver.- Wood v. Morehouse, 45 N. Y. 368.

§ 1452. Id.; when second redeeming creditor has the prior lien. Where the lien of the second redeeming creditor's judgment or mortgage, is prior to that of the first redeeming creditor's judgment or mortgage, so that the former redeems, without paying the sum, specified in the latter's certificate of satisfaction, the latter may, without executing another certificate of satisfaction, again redeem from the former, or from any subsequent redeeming creditor, in a case, where he would have been entitled to redeem, if his first certificate had not been executed; and he has the same rights, with respect to any creditor redeeming from him, as if his first certificate had been executed, when he made his second redemption.

Derivation- New.

§ 1453. Subsequent redemptions by other creditors.

A third or other creditor, who might have redeemed, as prescribed in the last four sections, may redeem from the second or any other creditor, who has redeemed, in the manner, and upon the terms and conditions, prescribed in the last two sections.

Derivation.-R. S., pt. 3, ch. 6, tit. 5. § 56.

§ 1454. When creditor may redeem after fifteen months.

A creditor, who might have redeemed within fifteen months after the sale, as prescribed in the last four sections, may redeem from any other redeeming creditor, although the fifteen months have elapsed; provided, that he thus redeems within twenty-four hours after the last previous redemption.

Derivation.-L. 1847, ch. 410, § 4, in part.

§ 1455. When redemption must be made at sheriff's office.

A redemption, made by a creditor, on or after the last day of the fifteen months, must be made at the sheriff's office of the county. The sheriff, or his under-sheriff, or a deputy-sheriff, in his behalf, must attend at the sheriff's office, for that purpose, on the last day of the fifteen months, and on each day thereafter, in which a redemption can be made, during the time when the sheriff's office is required by law to be kept open. In the absence of the sheriff, the redemption may be made by paying the necessary money, and delivering the necessary papers, to the under-sheriff, or to any deputy-sheriff, present at the sheriff's office. If the term of office of the sheriff, who made the sale, has expired, and he, or his under-sheriff, or a deputy-sheriff, authorized, in his behalf, to receive the necessary money and the necessary papers, is not present, the money may be paid, and the papers may be delivered, to the sheriff then in office, or to the under-sheriff or a deputy-sheriff of the latter.

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§ 1456. Original purchaser may redeem, when also a creditor.

If the purchaser, at the execution sale, of property, which can be redeemed by a creditor, as prescribed in this article, is also a creditor of the judgment debtor, and as such could redeem from a purchaser, or a redeeming creditor, he may avail himself of his judgment or mortgage, to redeem from any other redeeming creditor.

Derivation.-R. S., pt. 3, ch. 6, tit. 5, § 57.

§ 1457. Creditor may redeem again under another judgment or mortgage.

The judgment creditor, by virtue of whose execution real property has been sold, cannot avail himself of the judgment, upon which the execution was issued, to redeem the property; nor, except as otherwise specially prescribed in this article, can a creditor, who has once redeemed, avail himself of the same judgment or mortgage, to redeem again. But

if either has another judgment or mortgage, which would entitle him to redeem, he may avail himself thereof for that purpose, in the same manner and on the same terms, as any other creditor.

Derivation.-R. S., pt. 3, ch. 6, tit. 5, § 58.

§ 1458. Redemption by person entitled to redeem part.

Where a person, who has an absolute title to, or a judgment or mortgage, which is a lien upon, a distinct parcel only of the real property, sold by virtue of an execution, would be authorized, by this article, to redeem the property, if his title or lien extended to the whole, he may redeem, from a purchaser, the entire property sold, or from a prior redeeming creditor, the entire property redeemed by that creditor; except that if his title or lien extends to a distinct parcel only of one or more parts of the property, which were separately sold, he can redeem, from a purchaser, only the part or parts thus separately sold, in which his distinct parcel is included (See § 1482.)

Derivation.-R. S., pt. 3, ch. 6, tit. 5, §§ 52, 53.

§ 1459. Redemption by owners of undivided shares.

Where two or more persons own undivided shares, as joint tenants, or as tenants in common, in real property, sold by virtue of an execution, or in a distinct parcel thereof, which has been separately sold; each of them may redeem, from the purchaser, as prescribed in sections 1446 and 1447 of this act, the share or interest, belonging to him, by paying a part of the purchase-money, bid for the property, or for that distinct parcel thereof bearing the same proportion to the whole, as the share or interest, proposed to be redeemed, bears to the property, or distinct parcel separately sold, of which it is a part; together with interest on the sum so paid, from the time of the sale, at the rate of ten per centum a year.

Derivation.-R. S., pt. 3, ch. 6, tit. 5, § 48.

§ 1460. Id.; by creditors having liens on undivided shares.

Where the judgment or mortgage of a creditor, entitled to redeem, is a lien upon an undivided share, specified in the last section, he may redeem, from a purchaser, that undivided share, by paying him the same proportion of the purchase-money, which the owner must have paid to redeem it, as prescribed in the last section; or he may redeem, from a prior redeeming creditor, the entire property redeemed by the latter, with like effect and in the same manner, as if his lien attached to the whole.

Derivation.-R. S., pt. 3, ch. 6, tit. 5, § 54.

8 1461. Right to redeem not affected by agreement.

The sheriff, the purchaser, the judgment creditor, or a redeeming creditor, cannot, by his agreement or other act, in any manner impair or prejudice the right of any other person to redeem, as prescribed in this article.

Derivation.- New.

§ 1462. To whom money paid upon redemption.

The money required to be paid by a creditor, in order to effect a redemption of real property, as prescribed in this article, may be paid

to the purchaser or creditor, from whom the property is to be redeemed, his executor, administrator, or assignee; or it may be paid, for the use of the person so entitled thereto, to the sheriff who made the sale. Derivation.-R. S., pt. 3, ch. 6, tit. Where sale by deputy.- Livingston v. Arnoux, 56 N. Y. 507.

5, § 59.

§ 1463. Certificate of satisfaction required to effect redemption by creditor.

The certificate of satisfaction, required to be executed by a creditor, in order to effect a redemption of real property, must be acknowledged or proved, and certified, in like manner as a deed to be recorded in the county; must describe, with reasonable certainty, the judgment or mortgage under which he redeems, and specify the sum due thereupon; and must state, that the redemption satisfies the judgment or mortgage, in full, or to a specified amount. It must be filed in the county clerk's office, at or before the time when the money is paid to effect the redemption, unless the money is paid to the sheriff; in which case, the certificate must also be delivered, at the time of the payment, to the sheriff, who must file it in the county clerk's office, as prescribed in section 1467 of this act. The county clerk, immediately after the execution and recording of the deed, must enter, in his docket, the satisfaction, or partial satisfaction, of a judgment, specified in a certificate so filed, as required by law, when a judgment is collected, by virtue of an execution. If a mortgage, specified in the certificate, is recorded in his office, he must cancel and discharge the mortgage of record, if it is satisfied by the certificate; or, if it is only partially satisfied, he must make a minute of the partial satisfaction, upon the record thereof. If the property mortgaged is situated in a county, in which there is a register, the county clerk must transmit a certified copy of the certificate to the register, who must, in like manner, cancel and discharge the mortgage of record, or make a minute of the partial satisfaction thereof. The clerk's and register's fees, for performing the services specified in this section, must be paid by the sheriff; who may require the person entitled to a deed to pay him the amount thereof, before the deed is delivered. Hatch, 122 N. Y. 322; Gilman v. Tucker, 128 N. Y. 190.

Derivation.- New.

Effect and sufficiency.- Benton v.

§ 1464. What evidence a redeeming judgment creditor must furnish. In order to entitle a creditor by judgment to redeem real property, as prescribed in this article, he must, when he redeems, file in the county clerk's office, or deliver to the sheriff, as the case requires, the following evidence of his right:

1. A copy of the docket of the judgment, under which he claims the right to redeem, duly certified by the county clerk.

2. Each assignment of the judgment, which is necessary to establish his right. An assignment so filed or delivered must be acknowledged or proved, and certified, in like manner as a deed to be recorded, or the execution thereof must be proved, by the affidavit of the creditor, or of a witness thereto; unless it has been filed, and entered, as prescribed in article third of title first of chapter eleventh of this act, in which case, a certified copy thereof must be filed or delivered.

3. An affidavit, made by him, or his attorney or agent, stating truly the sum remaining unpaid on the judgment, at the time of claiming the right to redeem.

Derivation.-R. S., pt. 3, ch. 6, tit.

5, § 60.

Evidence by redeeming creditors.People v. Becker, 20 N. Y. 354; Smith v. Miller, 25 N. Y. 619; Nehrboss v.

Bliss, 88 N. Y. 600; Youman v. Terry, 32 Hun 627.

Copy of docket.- Brackett v. Miller, 24 Hun 560.

§ 1465. Id.; as to mortgage creditor.

In order to entitle a creditor by mortgage to redeem real property, as prescribed in this article, he must, when he redeems, file in the county clerk's office, or deliver to the sheriff, the following evidence of his right:

1. A copy of the mortgage, under which he claims the right to redeem, duly certified by the clerk or register of the county.

2. Each assignment of the mortgage, which is necessary to establish his right, acknowledged or proved, and certified as prescribed in the last section for an assignment of a judgment, unless it has been recorded; in which case a certified copy of the record must be filed or delivered.

3. An affidavit, made by him, or by his attorney or agent, stating truly the sum remaining unpaid on the mortgage, at the time of claiming the right to redeem.

Derivation.-L. 1836, ch. 525, § 2.

Affidavit. People ex rel. Van Bus

kirk v. Clark, 37 Hun 201.

§ 1466. Id.; as to executor or administrator.

In either of the cases specified in the last two sections, if the person, proposing to redeem, claims to be entitled so to do, by reason of his being an executor or administrator of a person, who, if living, would be entitled to redeem, he must file or deliver, with the other papers therein prescribed, a certified copy or a sworn copy of his letters testamentary, or letters of administration.

Derivation.-L. 1836, ch. 525, § 2, subd. 3.

§ 1467. Officers to keep papers open to inspection; when to file them. The sheriff, to whom one or more papers, specified in the last four sections, are delivered, must keep them open, at all reasonable times during the period allowed for redemption, to the inspection of all persons interested. He must have all those papers at the sheriff's office, at the times when he is required to attend thereat, for the purpose of enabling creditors to redeem, as prescribed by law; and he must file them in the county clerk's office, within three days after the execution of the deed.

Derivation.- New.

§ 1468. When redemption takes effect.

A redemption by a creditor is effected, only when he has paid all the money, required to be paid, and filed or delivered all the papers, require i to be filed or delivered, as prescribed in this article, and a waiver of any of those requirements is void, as against a person who is entitled subsequently to redeem. Where a redemption is thus effected, it vests in the redeeming creditor all the right, title, and interest, which the purchaser acquired by the sale.

Derivation.- New.

In general.- Wood v. Morehouse,

45 N. Y. 368.

§ 1469. Certificate to be given, when redemption made.

Where a redemption is made, as prescribed in this article, the officer or other person, to whom money is paid, or a paper is delivered, for

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