Harth v. St. Paul Cattle Loan Co.

(specially concurring). This is an action for conversion. Plaintiff is the assignee of the mortgagor’s right of redemption concerning cattle sold at a mortgage foreclosure sale. Pour days after the sale on April 24th, 1921, the mortgagee, for a recited consideration of $100, assigned to plaintiff his right of redemption. Then, on that day, plaintiff tendered to defendant $988, as inclusive of the sale price, the cost of sale, and the costs of keeping since the date of sale, with interest. Plaintiff also notified defendant that he had on that day deposited in the First Nat’l Bank of Napoleon,…