Rutherford v. Newman
Supreme Court of Minnesota
EEEOE TO THE DISTRICT COUET OE WASHINGTON COUNTT. Points and Authorities of Plaintiff in Error. I. — The fact of the redemption by the Plaintiff in Error, the time, manner and character in which such redemption was made being admitted as stated in the complaint, the Court erred in holding that such redemption operated to terminate the sale.
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EEEOE TO THE DISTRICT COUET OE WASHINGTON COUNTT. Points and Authorities of Plaintiff in Error. I. — The fact of the redemption by the Plaintiff in Error, the time, manner and character in which such redemption was made being admitted as stated in the complaint, the Court erred in holding that such redemption operated to terminate the sale. Becaúse— First, The right to redeem lands from a sale on execution, is purely a statutory right, and the persons who may avail themselves of the same, and the effect of such redemption, is fixed by our statute. Comp. Stat., seos. 113, 114, 116, and 116, ¶.…
1Opinion of the Court
By the Court
Ehuett, C. J.
The Plaintiff below purchased lands, upon which there was both a judgment and a mortgage ,lien. The lands having previously been sold at sheriff’s sale, to satisfy the judgment, which was the prior lien, the Plaintiff redeemed them from such sale, and after the expiration of the statutory time for. redemption, obtained a deed therefor from the sheriff. The Defendant below, who was the owner of the mortgage lien, proceeded to foreclose *49the same, by advertisement, under tbe statute, whereupon the Plaintiff commenced this action to restrain him and to quiet the title.
He…
2Cited by3 opinions
- Flanders v. AumackOregon Supreme Court · 1897
- Horton v. MaffittSupreme Court of Minnesota · 1869
- Settlemire v. NewsomeOregon Supreme Court · 1882