Swearingen v. Roberts

The question to be determined in this case is, whether or not the owner of real estate, which has been sold to one not the plaintiff in the action under a decree of foreclosure, must, in order to redeem the same, pay or tender the entire amount of the decree, with interest and costs, with 12 per cent. additional interest on the purchase money, or only the amount paid by the purchaser, with 12 percent, interest thereon. The question depends upon the construction to be given to section 497a of the code, (Comp, St., 595,) which is as follows: “The owners of any real estate against which a decree…