Pollak v. Millsap

On Rehearing.

FOSTER, J.

It is urged that the court has not properly interpreted the transaction, but that it is in effect a conditional sale, and that complainant had in reality only adoption, or right to pay the note and take up the deed. Surely we agree that upon that question the whole case hinges. It.is well stated so to be the rule in 41 Corpus Juris, 297, as follows:

“When property has been sold at a judicial sale, and a stranger, at the request of the debtor, advances the money necessary to effect a redemption from such sale, taking to himself an assignment of the sheriff’s deed or…