Tesch v. Drew

Defendant appealed from a judgment.

Plaintiff owned land which was sold to defendant by the sheriff at a mortgage foreclosure sale. A bank held a junior mortgage.

On October 12, 1922, plaintiff redeemed from defendant by paying him the proper amount and receiving the usual certificate of redemption which was not recorded until October 24, 1922. The time for redemption expired on October 14, 1922.

On October 17, 1922, the bank in good faith redeemed by paying the same amount, except five days’ more interest, to the sheriff, who gave the money to Drew. The usual sheriff’s certificate was issued…