Legal Opinion

Union Esperanza Mining Co. v. Shandon Mining Co.

New Mexico Supreme Court

Decided August 26, 1913No. 1527PublishedCited by 6 opinions

Appeal from the District Court of Sierra County; Merritt C, Meehem, District Judge; Statute contemplates a tender of the purchase money paid at the execution of the sale with legal interest thereon, coupled with the demand for a release, or a reconveyance in case the land has been conveyed. Wheeloek v. Tenner, 39 N. Y. 481; Storey v.' Krewson, 55 Ind. 397, 23 Am. Rep. 668; Buffum v. Buffum, 11 N. H. 451; Strafford v. Welch, 59 N. H. 46; Holpin v. Phoenix Ins.

Read the full summary

Appeal from the District Court of Sierra County; Merritt C, Meehem, District Judge; Statute contemplates a tender of the purchase money paid at the execution of the sale with legal interest thereon, coupled with the demand for a release, or a reconveyance in case the land has been conveyed. Wheeloek v. Tenner, 39 N. Y. 481; Storey v.' Krewson, 55 Ind. 397, 23 Am. Rep. 668; Buffum v. Buffum, 11 N. H. 451; Strafford v. Welch, 59 N. H. 46; Holpin v. Phoenix Ins. Co., 118 N. Y. 165, 23 N. E. 482; Englebach v. Simpson, 12 Tex. Civ. App. 188, 33 S. W. 596-600; McKelvain v. Allen, 58 Tex. 387; Lundy…

1Opinion of the Court

OPINION OP THE COURT.

HANNA, J. —

Numerous assignments of error are made, but this case is primarily dependent upon the sufficiency, or insufficiency of the alleged tender, said to have been made by Mr. Palmer for the purpose of redeeming the property described in the complaint in this case from the Sheriff’s sale of October 17th, 1907.

It is argued by appellant that our statute governing the redemption of land sold at execution sale contemplates a tender of the purchase money paid at the sale with legal interest thereon, coupled with the demand for a release, or a conveyance in case the land…

2Cases cited5 opinions

  1. Sanford v. BulkleySupreme Court of Connecticut · 1862
  2. Moore v. NormanSupreme Court of Minnesota · 1892
  3. State ex rel. Brooks Bros. v. O'ConnorNorth Dakota Supreme Court · 1896
  4. Hess v. PeckAppellate Court of Illinois · 1903
  5. Richardson v. Boston Chemical LaboratoryMassachusetts Supreme Judicial Court · 1845

3Cited by6 opinions

  1. Brown v. TrujilloNew Mexico Court of Appeals · 2004
  2. Plaza National Bank v. ValdezNew Mexico Supreme Court · 1987
  3. Chapel v. NevittNew Mexico Court of Appeals · 2009
  4. Jaynes v. HeronNew Mexico Supreme Court · 1942
  5. Bellamah v. SchmiderNew Mexico Supreme Court · 1961

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API