1 suit, the return of the sheriff showing such deficiency, a judgment docketed for such deficiency, an execution to enforce such docketed judgment, a sale under such execution and the sheriff's deed for the land on such sale.41 The judgment docketed for the deficiency is not a new judgment.42 A person claiming title to real property under an execution sale to enforce a judgment rendered in a justice's court and a deed made by reason thereof, must show the jurisdiction of such court to render the judgment.43 The owner of mortgaged property whose title is subject to the lien of such mortgage, and who is a party to the suit for the foreclosure of the mortgage, and who is and remains in possession of the mortgaged premises, is a tenant in possession, and as such is liable to the purchaser of the premises under the foreclosure sale thereof for the value of the use and occupation of said premises from the time of such sale until redemption or until the time for redemption has expired.44 A conveyance of the purchaser's interest in the land under an execution sale thereof operates as an assignment of the sheriff's certificate of sale.45 A statute allowing the redemption of lands sold under execution is not retroactive.46 In California upon a sale of real estate under execution the purchaser is substituted and acquires all the right, title, interest and claim of the judgment debtor thereto; and when the estate is less than a leasehold estate of two years, then the sale is absolute.a In cases in which the real estate sold is subject to redemption within the time as prescribed by statute, such redemption may be made by the judgment debtor or his successor in interest in the whole or in any part of the property; or it may be made by a creditor having a lien by judgment or mortgage on the prop 41. Leviston v. Henninger, 77 Cal. 461. 42. Bowers v. Crary, 30 Cal. 621. 43. Eltzroth v. Ryan, 89 Cal. 136. 44. Walker v. McCusker, 71 Cal. 594. 45. Leonard v. Flynn, 89 Cal. 539; Ward v. Dougherty, 75 Cal. 240. 46. Seale v. Mitchell, 5 Cal. 402. a. Code of Civil Procedure, Sec. 700. erty sold, or on some share or part thereof, subsequent to that on which the property was sold. If the redemption be made by the judgment debtor or his successor in interest, he is entitled to receive from the person having the sheriff's certificate of purchase a certificate of such redemption properly acknowledged; this acknowledgment must be made and certified so that it can be properly recorded. If the redemption be made by a person having a lien on the property, and no further redemption be made within the time prescribed by statute, the person having such lien and who made such redemption is entitled to a deed from the sheriff making the sale of the property so sold. The manner of making the redemption of real property sold at sheriff's sale is clearly shown by statute;47 and the provision of the statute law in respect to redemption must be strictly complied with.48 But this case of Haskell v. Manlove, was decided before the adoption of the California codes. It is provided in section 4 of the Code of Civil Procedure that the provisions of that code and all proceedings under it are to be liberally construed with a view to effect its objects and promote justice. The right to recover rents and profits of the land sold by a sheriff under execution between the time of such sale and the sheriff's deed for the land is a right given by statute, and such rents and profits cannot be recovered by the person receiving the sheriff's deed for the land, by reason of his title to the land under such deed.49 It is provided in section 708 of the Code of Civil Procedure that 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; and 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 47. Code of Civil Procedure, Sec. 701, 705. Haskell v. Manlove, 14 Cal. 54. thereof must, after notice, and on motion of such party in interest or his attorney, revive the original judgment in the name of the petitioner for the amount paid by such purchaser at the sale with interest thereon from the time of payment, at the same rate the original judgment bore; and that the judgment so revived has the same force and effect as would an original judgment at the date of the revival and no more. If a judgment be not void, but is voidable merely, a purchaser of real property in good faith at a sheriff's sale under the judgment, if not a party to the action, or the assignee of the judgment from such party, is protected in his purchase notwithstanding a reversal of the judgment, but if such purchaser be a party to the action, or is an assignee of the judgment, the judgment debtor may, at his election, either have the sale set aside and be restored to the possession, or have his action for damages.50 It is provided in section 709 of the Code of Civil Procedure that when property liable to 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 a sale of his property or before sale, he can compel repayment from the principal; in such case, the person so paying or contributing is entitled to the benefit of the judgment to enforce contribution or repayment, if, within ten days after such payment he file with the clerk of the court where the judgment was rendered notice of his payment and claim to contribution or repayment. Upon filing such notice the clerk must make an entry thereof in the margin of the docket. 50. Reynolds v. Harris, 14 Cal. 667; Reynolds v. Hosmer, 45 Cal. 629. CHAPTER XXXV. OF PROCEEDINGS SUPPLEMENTAL TO EXECUTION. Proceedings supplemental to execution under the provisions of the Code of Civil Procedure, sections 714-721, were intended to take the place of creditor's bills, under the former chancery practice, although there may be cases in which a creditor's bill may be maintained, but these statutory remedies must be pursued except in such exceptional cases.2 When an execution against property of the judgment debtor, or of one of several debtors in the same judgment issued to the sheriff of the county where the debtor 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 the return is made, is entitled to an order from the judge of the court, requiring such judgment debtor to appear and answer concerning his property before such judge or a referee appointed by him at a time and place specified in the order; but no judgment debtor must be required to attend before a judge or referee out of the county in which he resides; and after the issuing of an execution against property and before its return, upon proof by affidavit of a party or otherwise, to the satisfaction of the judge of the court, that any judgment debtor has property which he unjustly refuses to apply towards the satisfaction of the judgment, such judge may, by an order, require the judgment debtor to appear at a specified time and place before such judge or referee appointed by him to answer concerning the same; and such proceedings may thereupon be had for the application of the property of the judgment 1. Herrlich v. Kaufmann, 99 Cal. 275, 276. 2. Same case, 276. 3. Code of Civil Procedure, Sec. 714. debtor towards the satisfaction of the judgment as are provided upon the return of execution.4 After the issuing or return of an execution against the property of a judgment or of any one of several debtors in the same judgment or upon proof by affidavit or otherwise, to the satisfaction of such 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.5 Any witness may be required to appear and testify before a judge or referee in any of such proceedings. 6 On the hearing in such proceedings the judge or referee may order any property of a judgment debtor not exempt from execution, in the hands of such debtor, or any other person, or due to the judgment debtor, to be applied toward the satisfaction of the judgment.7 But if it appear that the person or corporation alleged to have property of the judgment debtor, or to be 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 such action can be commenced and prosecuted to judgment, and the court or judge may thereafter modify such order or vacate it upon such terms as may be just.8 Such supplemental proceedings are not a new action, but they are proceedings in the original action.9 If the person alleged to have property belonging to the judgment debtor or is alleged to be indebted to the judgment debtor, claim the property or a lien thereon, or denies the indebt |