Hardy v. Herriott

The opinion of the court was delivered by

Gordon, J.

This suit was brought by the appellant

to redeem certain real property sold under a fore*461closure of mortgage. To the complaint respondent filed a general demurrer which the lower court sustained, and appellant electing to stand on his complaint, judgment of dismissal was entered; whereupon the cause was appealed to this court.

But a single question is necessary to he considered by us in the determination of the case. It is whether a purchaser at sheriff’s sale who takes possession of the mortgaged premises and leases them to another can be…