Wilder v. Campbell
Idaho Supreme Court
APPEAL from District Court, Latah County. The only question arising in this case addressed to the sound discretion of the court is, Was the sheriff in error in refusing to execute a deed to the premises at the end of six months, the period allowed for redemption under the old laws of Idaho, or was he justified in refusing to execute a deed until the expiration of twelve months after the sale of said premises? This brings us to a consideration of the Session Laws of Idaho of…
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APPEAL from District Court, Latah County. The only question arising in this case addressed to the sound discretion of the court is, Was the sheriff in error in refusing to execute a deed to the premises at the end of six months, the period allowed for redemption under the old laws of Idaho, or was he justified in refusing to execute a deed until the expiration of twelve months after the sale of said premises? This brings us to a consideration of the Session Laws of Idaho of 1895 at page 34. Section 4494 of the Revised Statutes of Idaho formerly provided for a redemption period of six months.…
1Opinion of the CourtMorgan, C. J.
(After Stating the Facts.) — The only question presented to this court is, Is the assignee or purchaser entitled to his deed at the end of six months from the date of sale, or must the mortgagor be allowed one year in which to redeem, under the amendment to section 4492 of the Session Laws of 1895, page 34, approved March 5, 1895. By this amendment to section 4492 the judgment debtor or redemptioner is given one year from the date of sale within which to redeem real estate sold under execution 'or decree of foreclosure. Under the law as it existed prior to this amendment, section 4492 gave…
2Cases cited7 opinions
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- Edwards v. KearzeySupreme Court of the United States · 1878
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- Cargill v. PowerMichigan Supreme Court · 1850
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3Cited by7 opinions
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