1405. SEC. 18. Chapter forty-six of the revised statutes Repeal of the territory of Colorado, is hereby repealed.

Approved, March 9, 1877.

CHAPTER LII.

JOINT RIGHTS AND OBLIGATIONS.

[Revised Statutes, Chapter LXVII ]

tenants in case

no partition hav

1406. SECTION I. If partition be not made between Rights of joint joint-tenants, the parts of those who die first shall not ac- of death, and crue to the survivor or survivors, but descend or pass by ing been made. devise, and shall be subject to debts, charges, etc., or transmissible to executors or administrators, and be considered to every intent and purpose in the same view as if such deceased joint-tenants had been tenants in common.

Action for injury

one joint tenant

1407. SEC. 2. If any person shall assume and exercise exclusive ownership over, or take away, destroy, lessen in to property by value, or otherwise injure or abuse any property held in against another. joint-tenancy, tenancy in common, or coparcenary, the party aggrieved shall have his action of trespass or trover, for the injury, in the same manner as he would have if such joint-tenancy, tenancy in common or coparcenary did not exist.

and covenants;

1408. SEC. 3. All joint obligations and covenants shall Joint obligations hereafter be taken and held to be joint and several obliga- how held. tions and covenants.

CHAPTER LIII.

JUDGMENTS AND EXECUTIONS.

[Revised Statutes, Chapter XLVIII.]

What property

execution.

1409. SECTION 1. All and singular the goods and chattels, lands, tenements and real estate of every person liable to sale on against whom any judgment shall be obtained, in any court of record, either at law or in equity, for any debt, damages, costs or any other sum of money, shall be liable to be sold on execution, to be issued upon such judgment, and the

Lien of judg

estate. (Amend

said judgment shall be a lien on the real property of the judgment debtor not exempt from execution, in the county, owned by him at the time or which he may afterwards acquire, until said lien expires. The lien shall continue for ment upon real six years from the entry of judgment unless the judgment ment 1877, Code) be previously satisfied. Provided, that execution be issued at any time within one year, on such judgment; and from and after the said six years the same shall cease to be a lien on any real estate, as against bona fide purchasers or subsequent encumbrancer by mortgage, judgment or otherwise; provided, that in case the party in whose favor any such judgment shall have been entered shall be restrained by injunction out of chancery, or order of any judge or Time of restraint Court, either from issuing execution or selling thereon, the not considered time which he shall be so restrained shall not be deemed part of term of judgment lien. or considered as any part of the said six years. The term real estate in this section, shall be construed to include all interest of the defendant, or any person to his use, held or claimed by virtue of any deed, bond, covenant or otherwise, for a conveyance or as mortgagor of lands, in fee for life, or for years.

by injunction

Issue of execu

tion after death

of judgment

debtor; lien of judgment not affected by death of defendant.

Holders of certificates of pur

from United

1410. SEC. 2.

When any judgment shall have become a lien, as aforesaid, and the defendant happen to die before execution shall have been issued thereon, the remedy of the person in whose favor the said judgment shall have been rendered shall not be delayed or suspended by reason of the non-age of any heir or heirs of such defendant; but no execution shall issue upon such judgment until the expiration of one year after the death of such defendant, nor shall any law of this state which gives no preference to the claims of a creditor of a deceased debtor, be so construed as to impair or affect the lien of any judgment as aforesaid.

1411. SEC. 3. The legal holder or holders, by record, chase of lands of any certificate of purchase of lands, of the United States, shall be deemed to be within the true intent and meaning of this chapter.

States, within

this chapter.

Rate of interest recoverable on judgment.

1412. SEC. 4. In all executions, to be issued upon judgments recovered upon contracts expressed or implied, it shall be lawful to direct the collection of interest on the said judgment from the time of recovering the same until paid, at the rate of ten per cent. per annum.

tion to any

1413. SEC. 5. It shall be lawful for the party in whose Issue of execu favor any judgment as aforesaid may be obtained, to have county. execution, in the usual form, directed to any county in this state, against the goods, chattels, lands and tenements of such party defendant, or upon his body, when the same is authorized by law.

personal property not bound

delivery of writ

1414. SEC. 6. All executions shall be made returna- when execution ble ninety days after date, and no writ of execution shall returnable; bind the property of the goods and chattels of any person thereby until against whom such writ shall be issued, until such writ to sheriff. shall be delivered to the sheriff, or other officer, to be executed; and for the better manifestation of the said time, the sheriff or other officer shall, on the receipt of every such writ, indorse upon the back thereof the hour, day of the month, and year, when he received the same.

Election of prop

execution levied,

1415. SEC. 7. The plaintiff in execution, may elect on what property he will have the same levied, except the land erty on which on which the defendant resides, which shall be last taken in by plaintiff. execution, excepting and reserving, however, to the defendant in execution such property as is, or may be, by law exempted from execution.

division.

1416. SEC. 8. When any property, real or personal, Sale of property shall be taken in execution, if such property is susceptible susceptible of to division, it shall be sold in such quantities as may be necessary to satisfy such execution and costs.

Sale of lands and

execution; how

1417. SEC. 9. No lands or tenements shall be sold, by virtue of any execution aforesaid, unless such sale be at tenements on public vendue, and between the hours of nine in the morn- to be made. ing and the setting of the sun the same day; nor unless the time and place of holding such sale shall have been previously advertised, for the space of twenty days, by publishing notices of the time and place thereof in some daily or weekly newspaper printed and published in the county where such lands and tenements are situate; or if there be no such newspaper printed in the county, by posting such notices, printed or written, or partly printed and partly written, in three of the most public places in the county where the lands may be situated, specifying the names of the plaintiff and defendant in the execution; and in all such notices the lands or tenements to be sold shall

be described, with reasonable certainty, by setting forth their number, or by some other appropriate description; and if any sheriff or other officer shall sell any lands or tenements, by virtue of any such execution, otherwise than in the manner aforesaid, or without such previous notice, the sheriff or other officer so offending, shall, for every offense, forfeit and pay the sum of fifty dollars, to be recovered, with costs of suit, in any court of record in this state, by the person whose lands may be advertised and sold. Provided, however, that no such offense, nor any irregularity on the part of the sheriff or other officer having the execution, shall be deemed to affect the validity of any sale made under it, unless it shall be made to appear that the purchaser had notice of such irregularity.

1418 SEC. IO. Whenever any lands or tenements shall be sold, by virtue of any execution, it shall be the duty of the sheriff or other officer, instead of executing a deed of the premises sold, to give to the purchaser or purchasers of such lands or tenements, a certificate in writing, describing the lands or tenements purchased, and the sum paid therefor, or if purchased by the plaintiff in the execution, the amount of his bid and the time when the purchaser will be entitled to a deed for such lands, or tenements, unless the same shall be redeemed, as is provided in this chapter; and such sheriff or other officer shall, within ten days from such sale, file in the office of the recorder of the county a duplicate of such certificate, signed by him; and such certificate, or a certified copy thereof, shall be taken and deemd evidence of the facts therein contained.

1419. SEC. II. It shall be lawful for any defendant, his heirs, executors, administrators or grantees, whose lands or tenements shall be sold by virtue of any execution, within six months from such sale, to redeem such lands or tenements, by paying to the purchaser thereof, his executors, administrators, or assigns, or the sheriff or other officer who sold the same, for the benefit of such purchaser, the sum of money which may have been paid on the purchase thereof, or the amount given or bid if purchased by the plaintiff in the execution, together with interest thereon at the rate of ten per cent, from the time of such sale; and

on such sum being paid as aforesaid, the said sale and the certificate thereupon granted shall be null and void.

Redemption by

creditor.

1420. SEC. 12. After the expiration of six months, and at any time before the expiration of nine months from judgment the sale of any lands or tenements under the provisions of the preceding sections hereof, it shall be lawful for any judgment creditor to redeem the same in the manner following such judgment creditor shall sue out an execution upon his judgment, and place the same in the hands of the proper officer to execute the same, and thereupon the said officer shall indorse upon the back of said execution a levy upon the land or tenements which said judgment creditor may wish to redeem; and said judgment creditor shall pay to said officer in whose hands he shall have placed his execution, as aforesaid, the amount of money for which said premises shall have been sold, with ten per cent. per annum interest thereon from the date of such sale, for the use of the purchaser thereof, his executors, administrators, or assigns, upon payment of which said officer shall file in the recorder's office of the county in which said lands are situated, a certificate of the redemption thereof, by said judgment creditor, under such execution, and shall advertise and offer the same for sale, under and by virtue of said execution, in the same manner as lands are required to be advertised and exposed to sale on execution in other cases.

1421. SEC. 13. Any judgment creditor, having so proceedings redeemed such lands, shall be considered as having bid at after redemption such sale the amount of said redemption money, so paid creditor. by him, and interest thereon from the date of such redemption to the day of sale; and if no bid greater than said. amount shall be offered, the lands shall be struck off and sold to such judgment creditor or creditors, and a deed thereof shall forthwith be executed by such officer to such creditor or creditors, and no other redemption shall be allowed; but if another and higher bid shall be made therefor, and the said lands sold for more than the amount of said redemption money and interest, as last aforesaid, the excess, over and above the amount of the same, shall be applied as a credit on the execution under which the redemption shall have been made, and a certificate of