Huie v. Smith

FOSTER, Justice.

The bill in this case was filed by a child of one of the joint mortgagors still living to exercise the statutory right of redemption of land sold in foreclosure of the mortgage, which was prior in right to another given by the same mortgagors.

The fact that complainant’s parent mortgagor is still alive, and that complainant owns no property right in the land, and had none when the mortgage was foreclosed, does not, as we have held, militate against the right conferred on her by section 10140, Code, to redeem the land after foreclosure, though she could not have done so before…