Cushing v. Thompson
Supreme Judicial Court of Maine
Bill in Equity by a mortgager to redeem his right of redemption, against a sale of it made on execution against him. The bill and answer show the following state of facts : — The plaintiff was seized of the right to redeem certain mortgaged land, of which he was in possession. That right was sold on an execution against him. The defendant was the purchaser at $850. There was a building upon the land, which was occupied by the plaintiff and by several of his tenants.
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Bill in Equity by a mortgager to redeem his right of redemption, against a sale of it made on execution against him. The bill and answer show the following state of facts : — The plaintiff was seized of the right to redeem certain mortgaged land, of which he was in possession. That right was sold on an execution against him. The defendant was the purchaser at $850. There was a building upon the land, which was occupied by the plaintiff and by several of his tenants. The defendant notified the plaintiff and the tenants that he claimed the rents to be paid to him. But he has never obtained any…
1Opinion of the CourtTenney, J.
The defendant levied his execution upon the complainant’s right in equity of redemption of the premises described in the bill on Sept. 4, 1849. On August 21, 1850, the complainant, desirous of redeeming the interest, upon which the levy was made, called upon the defendant, to render a true account of the sum due for such redemption. The defendant had not actual possession of the premises and had received no rents and profits therefrom. On the 22d of August, 1850, he sent to the complainant an account in writing of the sum claimed for the redemption, being the sum, for which the right was sold…
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