State ex rel. Goodenough v. Turpin

ORIGINAL PROCEEDING IN PROHIBITION

CLEMENS, Judge.

Original proceeding to prohibit respondent circuit court judges from maintaining an action to redeem land sold under a deed of trust.

The issue: Does a circuit court have jurisdiction to grant a borrower’s application and approve a bond to redeem property sold at a foreclosure sale when the borrower has failed to comply with the statutory requirement of giving “at least *877one day’s notice in writing” of intention to apply to the circuit court for approval of a redemption bond? We say no.

Miss Joan Stephens and Mutual Acceptance Company, the…