Hinkle v. Posey

FOSTER, Justice.. This is a suit in ejectment by the appellee, who was the purchaser at foreclosure sale under a mortgage to him, against appellant, the purchaser from the State which purchased at a tax sale, agreed to have been valid and therefore to have passed the legal title. The tax sale was on an assessment to the mortgagor after the execution and recordation of the mortgage.

Plaintiff undertook to show that he made a tender to defendant prior to the institution of the suit of an amount sufficient to effect a redemption, if he had the right, and within the time provided in section 303,…