§ 21.260 — Recovery by purchaser from judgment creditor after eviction from property because of irregularities of sale; revival of original judgment

1. If the purchaser of real property sold on execution, or the purchaser’s successor in interest, or a redemptioner is evicted therefrom because of irregularities in the proceedings concerning the sale or of the reversal or discharge of the judgment, the person may recover the price paid, with interest, from the judgment creditor.
2. If the purchaser of property at a sheriff’s sale, or the purchaser’s successor in interest, fails 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 thereof shall, on petition of such party in interest, or the party’s attorney, revive the original judgment for the amount paid by the purchaser at the sale, with interest thereon from the time of payment at the same rate that the original judgment bore, and when so revived, the judgment has the same effect as an original judgment of the court of that date, and bearing interest as aforesaid, and any other or after-acquired property, rents, issues or profits of the debtor is liable to levy and sale, under execution in satisfaction of the debt if:
(a) No property of the debtor bona fide sold upon the recording of the petition is subject to the lien of the judgment; and
(b) The notice of the recording of the petition is made by recording a notice thereof in the office of the recorder of the county where the property is situated, and that the judgment must be revived in the name of the original plaintiff or plaintiffs, for the use of the petitioner, the party in interest.

Legislative History

[1911 CPA § 364; RL § 5306; NCL § 8862]—(NRS A 2001, 1748 )