Wood v. Holland
Supreme Court of Arkansas
APPEAL from White Chancery Court. D. W. Carroll, Chancellor. Appellants in 1882 purchased of appellees certain lands for which they agreed to pay $600.00, to secure which pay-men t they gave notes secured by a mortgage on the lands.
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APPEAL from White Chancery Court. D. W. Carroll, Chancellor. Appellants in 1882 purchased of appellees certain lands for which they agreed to pay $600.00, to secure which pay-men t they gave notes secured by a mortgage on the lands. Upon default in the payment of the purchase money, the trustee foreclosed the mortgage and sold the land to one of the appellees for the sum of $250.00. Within apt time appellants brought suit in equity to redeem said lands, tendering the amount bid thereon, with ten per cent interest and the cost of sale, amounting to $291.20. The court sustained a demurrer to…
1Per curiam
toZSXmtoftender The act of March 17, 1879, regulating sales of property under mortgages and deeds of trust, gives to the mortgagor in case of sale of real property the right to redeem within one year, whether the debt be for the purchase money or not.
In offers to redeem, under the provision, the act prescribes the amount to be tendered. The tender in this case was sufficient.
deemRom moui ImfuVol’tLl But when the party goes into a court of equity to redeem, he must offer to pay the whole purchase money due, and the absence of any tender to this end in the bill of appellants makes the action of…
2Cited by6 opinions
- Smith v. SimpsonSupreme Court of Arkansas · 1917
- Wood v. HollandSupreme Court of Arkansas · 1893
- Fields v. DanenhowerSupreme Court of Arkansas · 1898
- Lambright v. BalesSupreme Court of Arkansas · 1919
- Shinn v. BarrieSupreme Court of Arkansas · 1930
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