2005 Idaho Code - 11-312 — FAILURE OF TITLE -- REVIVAL OF JUDGMENT

                                  TITLE  11
                           ENFORCEMENT OF JUDGMENTS
                               IN CIVIL ACTIONS
                                  CHAPTER 3
                        LEVY AND SALE UNDER EXECUTION
    11-312.  FAILURE OF TITLE -- REVIVAL OF JUDGMENT. 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. 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 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 that the original judgment
bore; and the judgment so revived has the same force and effect as would an
original judgment of the date of the revival, and no more.