Nutter v. Occidental Life Ins.
New Mexico Supreme Court
Appeal from District Court, Colfax County; T. D. Leib, Judge. Suit for redemption from. mortgage foreclosure, by Paul H. Nutter against the Occidental Life Insurance Company. Judgment for plaintiff, and defendant ap- . peals. STATEMENT OP PACTS. This is a suit by appellee, as grantee of an original mortgagor subsequent to foreclosure sale, to redeem real estate sold under foreclosure decree from the purchaser at such foreclosure sale.
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Appeal from District Court, Colfax County; T. D. Leib, Judge. Suit for redemption from. mortgage foreclosure, by Paul H. Nutter against the Occidental Life Insurance Company. Judgment for plaintiff, and defendant ap- . peals. STATEMENT OP PACTS. This is a suit by appellee, as grantee of an original mortgagor subsequent to foreclosure sale, to redeem real estate sold under foreclosure decree from the purchaser at such foreclosure sale. The purchaser at special foreclosure sale was the plaintiff in the suit to foreclose the mortgage. There was judgment for the plaintiff, and the defendant…
1Opinion of the Court
OPINION OF THE COURT.
HOLLOMAN,
District Judge (after stating tbe facts as above). Many errors are assigned by appellant; but, as this ease must be reversed for tbe reason that no legal tender was ever made by tbe appellee, it will be unnecessary to consider tbe other assignments of error.
[1] On the 3rd day of December, 1917, and within nine months of tbe time of tbe sale of tbe property, appellee attempted to redeem tbe land. In order to redeem it was necessary for him to pay the purchaser, this appellant, the amount of the purchase price, together with interest thereon. The amount due at that…
2Cited by6 opinions
- Brown v. TrujilloNew Mexico Court of Appeals · 2004
- Richardson v. PachecoNew Mexico Supreme Court · 1930
- Ulivarri v. LovelaceNew Mexico Supreme Court · 1934
- Bellamah v. SchmiderNew Mexico Supreme Court · 1961
- Moise v. TimmNew Mexico Supreme Court · 1927
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