Dawson v. Egger
Supreme Court of Missouri
Appeal from, Barton Circuit Court. — Hon. Cuas. G-. Burton, Judge. (1) The sale was September 15, 1883; full tender and demand to redeem was made about October 15, 1883 ; the statutory bond was given and approved November 28, 1883. This was in time. The statute does not limit the time in which the bond shall be given. R. S. sec. 3299 ; Johnson v. Atchison, 90 Mo. 48. The premature execution of the deed by the trustee did not impair the right to redeem. Jones on Mort.
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Appeal from, Barton Circuit Court. — Hon. Cuas. G-. Burton, Judge. (1) The sale was September 15, 1883; full tender and demand to redeem was made about October 15, 1883 ; the statutory bond was given and approved November 28, 1883. This was in time. The statute does not limit the time in which the bond shall be given. R. S. sec. 3299 ; Johnson v. Atchison, 90 Mo. 48. The premature execution of the deed by the trustee did not impair the right to redeem. Jones on Mort. (2 Ed.) sec. 1051 ; Johnson v. Atchison, 90 Mo. 53. (2) This is a remedial statute; and, being enacted in behalf of the debtor,…
1Opinion of the CourtSherwood, J.
-In order to avail himself of the provisions of section 3298, Revised Statutes, 1879, the person desiring to redeem must give the required security at the date of the sale; otherwise he need not give it until he redeems, when it would be a useless act, an idle ceremony, and leave the purchaser meanwhile without protection as to the subject-matter of his purchase; thus enabling the owner of the land to take his chances ; to remain silent until the last day of the given twelvemonth; and then, if he thought it profitable, to give bond and redeem. Such a construction of the statute would defeat…
2Cases cited1 opinion
- Updike v. Merchants' Elevator Co.Supreme Court of Missouri · 1888
3Cited by3 opinions
- State v. MetcalfMissouri Court of Appeals · 1896
- Vanmeter v. DarrahSupreme Court of Missouri · 1893
- Moss v. KingSupreme Court of Missouri · 1908