Moise v. Timm

OPINION OF THE COURT

WATSON, J.

Appellant, Mrs. Ida Timm, purchased real estate at foreclosure sale. Thereafter appellee, J. J. Moise, by deed from the mortgagor, acquired the right to redeem. Within the statutory period, he attempted to tender the requisite amount to appellant, but the trial court found that the tender was conditional, and therefore concluded, following Nutter v. Occidental Life Ins. Co., 26 N. M. 140, 189 P. 882, that it was ineffectual. Thereafter he paid the amount to the clerk of the court in which the foreclosure suit had been pending, taking a receipt therefor, which the…