Husted v. Dakin
New York Supreme Court
I. The sale and certificate “ became null and- void” by the redemption of the premises sold. 1. The defendant in the execu ■ tions upon which the sheriff claims to have sold this property, is entitled to redeem it, within one year from the time of sale, by payment of the sum bid, with ten per cent, interest. (2 Rev. Stat., 370, §§ 45, 46.) The subsequent sale under foreclosure, does not affect the defendant’s right to redeem. The statute is absolute.
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I. The sale and certificate “ became null and- void” by the redemption of the premises sold. 1. The defendant in the execu ■ tions upon which the sheriff claims to have sold this property, is entitled to redeem it, within one year from the time of sale, by payment of the sum bid, with ten per cent, interest. (2 Rev. Stat., 370, §§ 45, 46.) The subsequent sale under foreclosure, does not affect the defendant’s right to redeem. The statute is absolute. The grantee acquiring title by sale under a mortgage, intended by the statute, is a mortgage made subsequent to the judgment, not before, as the…
1ConcurrenceBirdseye, J.
—I concur fully with the views expressed by the learned judge who decided this case at the special term, upon the points raised before him. But upon the argument 'before us, several other questions have been discussed, which will be briefly examined.
It is true that on a reference as to surplus moneys, under the forty-eighth rule of this court, the referee can only take into consideration absolute liens on the estate,—those which subject it to be sold, as distinguished from any equitable claims not matured into liens. (King a. West, 10 How. Pr., 333.) But the referee, when he finds a lien…
2Cases cited5 opinions
- Lamerson v. MarvinNew York Supreme Court · 1850
- Carpenter v. . StilwellNew York Court of Appeals · 1854
- Olcott v. RobinsonNew York Supreme Court · 1855
- King v. WestNew York Supreme Court · 1854
- Mascraft v. Van AntwerpNew York Supreme Court · 1824