personal how made. § 1428. Personal property must be offered for sale, in such lots Sale of and parcels, as are calculated to bring the highest price. Except property: where the officer is expressly authorized, by this article, to sell property not in his possession, personal property shall not be offered for sale, unless it is present, and within the view of those attending the sale. of sale posted. § 1429. At least six days' previous notice of the time and place Notices of a sale of personal property, by virtue of an execution, must be to be given, by posting conspicuously written or printed notices thereof, in at least three public places of the town or city, where the sale is made. 2 R. S. 380, § 21; 4 Wait's Pr. 72. ARTICLE THIRD. SALE, REDEMPTION, AND CONVEYANCE OF REAL PROPERTY; RIGHTS AND SEC. 1430. To what leasehold property this article applies. 1431. Real property held in trust, when liable to execution. 1432. Equity of redemption; when not to be sold. 1433. Direction to be indorsed on execution. 1434. Notice of sale of real property; how given. 1435. Property, how described therein. Part may be sold. 1436. Penalty for irregularity in sale. 1437. Manner of conducting sale. 1438. Sheriff to make duplicate certificates of sale. 1439. Certificate to be recorded, etc. 1440. Title to real property not divested before deed. 1441. Rights of holder of the property during intermediate period. 1442. Order to prevent waste; when and how applied for. 1443. Proceedings to punish violation of the order. 1444. Mode and extent of punishment. 1445. How warrant, etc., superseded. 1446. When and how real property sold may be redeemed. 1447. By whom such redemption may be made. 1448. Such redemption avoids the sale. 1449. When creditor may redeem. 1450. What sum to be paid, etc., when creditor redeems. 1451. Redemption by another creditor from a redeeming creditor. 1452. Id.; when second redeeming creditor has the prior lien. 1453. Subsequent redemptions by other creditors. To what leasehold property this article applies. Real property held in trust, to exe cution. SEC. 1454. When creditor may redeem after fifteen months. 1457. Creditor may redeem again under another judgment, or mortgage. 1459. Redemption by owners of undivided shares. 1460. Id.; by creditors having liens on undivided shares. 1461. Right to redeem not affected by agreement. 1462. To whom money paid upon redemption. 1463. Certificate of satisfaction required to effect redemption by creditor. 1464. What evidence a redeeming judgment creditor must furnish. 1465. Id.; as to mortgage creditor. 1466. Id.; as to executor or administrator. 1467. Officers to keep papers open to inspection; when to file them. 1468. When redemption takes effect. 1469. Certificate to be given, when redemption made. 1470. Certificate may be acknowledged and recorded. 1471. When and by whom conveyance to be executed. 1472. To whom conveyance to be executed. 1473. When conveyance made to executor or administrator; effect thereof. 1474. Assignment must be acknowledged and filed. 1475. Under-sheriff or successor to act, if sheriff dies. 1476. Money may be paid, etc., to under-sheriff, or deputy-sheriff, who sold property. 1477. Application of this article to sale by coroner, or person specially appointed, etc. 1478. Id.; where coroner or person appointed dies, etc. § 1430. The expression, "real property ", as used in this and the succeeding article, includes leasehold property, where the lessee or his assignee is possessed, at the time of the sale, of at least five years unexpired term of the lease, and also of the building or buildings, if any, erected thereupon. 4 Edm. 624 (Laws of 1837, ch. 462) § 1, amended by inserting the words "at the time of the sale," and substituting "the" in the place of “any." § 1431. Real property, held by one person, in trust or for the use of another, is liable to levy and sale by virtue of an exccution, when liable issued upon a judgment recovered against the person, to whose use it is so held, in a case where it is prescribed by law, that, by reason of the invalidity of the trust, an estate vests in the beneficiary; but special provision is not otherwise made by law, for the mode of subjecting it to his debts. Equity of redemption; Substituted for 2 R. S. 381, § 26; 4 Wait's Pr. 207. § 1432. The judgment debtor's equity of redemption, in real property mortgaged, shall not be sold by virtue of an execution, to be sold. issued upon a judgment recovered for the mortgage debt, or any when not part thereof. 2 R. S. 382, § 31. to be on exe § 1433. Where an execution against property, is issued upon a Direction judgment, specified in the last section, to the county where the mort- indorsed gaged property is situated, the attorney, or other person who sub- cution. scribes it, must indorse thereupon a direction to the sheriff, not to levy it upon the mortgaged property, or any part thereof. The direction must briefly describe the mortgaged property, and refer to the book and page, where the mortgage is recorded. If the execution is not collected out of the other property of the judgment debtor, the sheriff must return it wholly or partly unsatisfied, as the case requires. 2 R. S. 382, §§ 32 and 33, amended so as to limit the provision to an exe cution issued to the county where the of sale § 1434. The sheriff who sells real property, by virtue of an Notice execution, must previously give public notice of the time and place of real of the sale, as follows: 1. A written or printed notice thereof must be conspicuously fastened up, at least forty-two days before the sale, in three public places, in the town or city where the sale is to take place, and also in three public places, in the town or city where the property is situated, if the sale is to take place in another town or city. 2. A copy of the notice must be published, at least once in each of the six weeks, immediately preceding the sale, in a newspaper published in the county, if there is one; or, if there is none, in the newspaper printed at Albany, in which legal notices are required to be published. 2 R. S. 382, § 34, amended by omitting the provision concerning publication in a "State paper," except that the notice shall be published in the newspaper at Albany, etc., in case there is no newspaper published in the county where the land is situate. 4 Wait's Pr. 75. The publication in a proper news paper of a notice of sale of real estate, property; how given. how therein. be sold. § 1435. In each notice, specified in the last section, the real Property, property to be sold must be described with common certainty, by described setting forth the name of the township or tract, and the number of Part may the lot, if there is any, or by some other appropriate description. The validity of a sale is not affected by the fact, that the property sold is part only of the property advertised to be sold. 2 R. S. 382, § 35, amended by adding the last sentence; 4 Wait's Pr. 76. Penalty § 1436. A sheriff who sells real property, by virtue of an exe- for irregu cution, without having given notice thereof, as prescribed in the last larity in sale. Manner of conducting sale. Sheriff to make du plicate certifi cates of sale. Certificate to be recorded, etc. two sections, or otherwise than as prescribed in this chapter, forfeits one thousand dollars to the party injured, in addition to the damages which the latter sustains thereby. 2 R. S. 383, § 37; 4 Wait's Pr. 77. § 1437. Where real property, offered for sale by virtue of an execution, consists of two or more known lots, tracts, or parcels, each lot, tract, or parcel must be separately exposed for sale. If a person who is the owner of, or is entitled by law to redeem, a distinct parcel of the property, of any other description, requires that parcel to be exposed for sale separately, the sheriff must expose it accordingly. No more real property shall be exposed for sale, than it appears to be necessary to sell, in order to satisfy the execution. 2 R. S. 383, § 38, amended by substituting the words " distinct parcel" for the phrase, “any portion of such estate, or of such lots, tracts or parcels, or either of them." 4 Wait's Pr. 76. The failure of the sheriff to obey the statute in relation to the sale in parcels does not render the sale void, but it is merely voidable at the instance of the aggrieved party. O'Donnell v. Lindsay, 7 J. & Sp. 523. § 1438. The sheriff, who sells real property, by virtue of an execution, must make out, subscribe, and acknowledge before an officer authorized to take the acknowledgment of a deed, duplicate certificates of the sale, containing: 1. The name of each purchaser, and the time when the sale was made. 2. A particular description of the property sold. 3. The price bid for each distinct parcel separately sold. 2 R. S. 383, 384, § 42, amended by A deed issued to an assignee of the certificate of sale, or to one who has acquired the rights of an assignee as a creditor under the statute, is valid although the assignments have not been proved, acknowledged or filed. Wood v. Morehouse, 45 N. Y. (6 Hand) 368; affirming S. C., 1 Lans. 405. § 1439. The sheriff must, within ten days after the sale, file one of the duplicate certificates, in the office of the clerk of the county, and deliver another to the purchaser. If there are two or more purchasers, a certificate must be delivered to each. The clerk must immediately record the certificate in a book, kept by him for that purpose, and must index the record, to the name of the judg ment debtor. His fees for so doing must be paid by the sheriff, as part of the expenses of the sale. 2 R. S. 384, § 43, and 4 Edm. 634 (Laws of 1857, ch. 60), § 1, consolidated. The words "judgment debtor" have been substituted in place of "the defendant or defendants in the judgment," and the words "or register" have been omitted. 4 Wait's Pr. 79, 82, 83. a Title to real prop divested deed. § 1440. The right and title of the judgment debtor, or of person holding under him, or deriving title through him, to real erty not property, sold by virtue of an execution, is not divested by the sale, before until the expiration of the period, within which it can be redeemed, as prescribed in this article, and the execution of the sheriff's deed. But if the property is not redeemed, and a deed is executed in pursuance of the sale, the grantee in the deed is deemed to have been vested with the legal estate, from the time of the sale, for the purpose of maintaining an action for an injury to the property. 2 R. S. 387, 388, § 61, amended by substituting the words "the period within which it can be redeemed, as prescribed in this article, and the execution of the officer's deed," in the place of "fifteen months from the time of such sale." 4 Wait's Pr. 94-97. A redemption made before the last day of the fifteen months is valid, though not made in the county ir which the sale took place. Rice v. Davis, 7 Lans. 393. holder property § 1441. The person entitled to the possession of real property, Rights of sold by virtue of an execution, as prescribed in the last section, may, of the during the period therein specified, use and enjoy the same as fol- during inlows, without being chargeable with committing waste: 1. He may use and enjoy it in like manner, and for the like purposes, as it was used and enjoyed before the sale, doing no permanent injury to the freehold. 2. He may make necessary repairs to a building, or other erection thereupon. But this subdivision does not permit an alteration in the form or structure of the building, or other erection. 3. He may use and improve the land, in the ordinary course of husbandry; but he is not entitled to a crop, growing thereon, at the expiration of the period of redemption. 4. He may apply any wood or timber on the land to the necessary reparation of a fence, building, or other erection, which was thereupon at the time of the sale. 5. If he actually occupies the land sold, he may take necessary fire-wood therefrom for use in his household. 2 R. S. 347, § 22; 5 Wait's Pr. 272. termediate period. prevent when and § 1442. If, at any time during the period allowed for redemp- Order to tion, the judgment debtor, or any other person in possession of the waste; property sold, commits, or threatens to commit, or makes preparations how ap for committing, waste thereupon, the supreme court, or any justice plied for. thereof, within the judicial district, or the county judge of the county, in which the property, or any part thereof, is situated, may, upon the application of the purchaser, or his assignee, or the agent or attorney of either, and proof, by affidavit, of the facts, grant, |