Salveter

Plaintiff was the judgment debtor and defendant was the judgment creditor and purchaser on an execution sale. Plaintiff brought this action under section 707 of the Code of Civil Procedure for an accounting of the rents received by defendant subsequent to the sale. This appeal is taken on the judgment-roll from the judgment of dismissal entered after the demurrer to plaintiff’s second amended complaint had been sustained without leave to amend.

Said section 707 of the Code of Civil Procedure provides in part that after a sale on execution, the purchaser is entitled to receive the rents but that the amount of such rents “shall be a credit on the redemption money to be paid”; that if the judgment debtor, before the expiration of the time. for redemption, demands in writing of the purchaser a “written and verified statement of the amounts of such rents” received, the period of redemption is extended five days after “such sworn statement is given”; and that if the purchaser for a period of one month from and after the demand fails or refuses “to give such statement”, the debtor may bring an action “to compel an accounting” of such rents and the right of redemption is extended until…