Call v. Jeremiah

REDDING-, J. (Pro Tempore),

dissenting.

The problem before the court in this case was the subject of an Annotation in 5 ALR 145 entitled “Effect on Subordinate Lien of Redemption by Owner or his Grantee from Sale under Prior Lien.” There are, as the annotation reveals, two lines of cases bearing on the question. Did I not believe this court to have committed itself for more than one-half of a century to that line of cases holding contrary to the opinion of the majority, I would not feel compelled to here voice my dissent.

The property in the present case was encumbered by two duly recorded…