11-407. RIGHT TO RENTS AND PROFITS AFTER SALE. The purchaser, from the time of the sale until a redemption, and a redemptioner from the time of his redemption until another redemption, is entitled to receive, from the tenant in possession, the rents of the property sold, or the value of the use and occupation thereof. But when any rents or profits have been received by the judgment creditor or purchaser, or his or their assigns, from the property thus sold preceding such redemption, the amount of such rents and profits shall be a credit upon the redemption money to be paid; and if the redemptioner or judgment debtor, before the expiration of the time allowed for such redemption, demands in writing of such purchaser, or creditor, or his assigns, a written and verified statement of the amounts of such rents and profits thus received, the period for redemption is extended five (5) days after such sworn statement is given by such purchaser or his assigns, to such redemptioner or debtor. If such purchaser or his assigns shall, for a period of one (1) month from and after such demand, fail or refuse to give such statement, such redemptioner or debtor may, within sixty (60) days after such demand, bring an action in any court of competent jurisdiction, to compel an accounting and disclosure of such rents and profits, and until fifteen (15) days from and after the final determination of such action the right of redemption is extended to such redemptioner or debtor.

History:

[(11-407) C.C.P. 1881, sec. 457; R.S., R.C., & C.L., sec. 4497; C.S., sec. 6938; am. 1921, ch. 169, sec. 1, p. 364; I.C.A., sec. 8-407.]