Cherry v. Cherry

SIMPSON, Justice.

L. O. Cherry filed bill to redeem from a mortgage foreclosure against his brother, Dr. H. S. Cherry, who purchased at the foreclosure sale. From a decree allowing redemption Dr. Cherry has appealed.

The statutory period for redemption from the foreclosure had expired several years before the filing of the bill, but the appellee invoked the doctrine of estoppel to avert the operation of the two-year prescriptive terms of the statute.

The evidence was taken by depositions before a commissioner and under the rule we must sit in judgment on the facts without the aid of any…