Volume 200, Volume 3, Page 545 View pdf image (33K) |
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STOCKETT VS. TAYLOR. 545 disputed. Claiming an interest by purchase from and under a judgment against the mortgagor, the right of redemption is as complete in him as it was in the mortgagor himself. The authorities are explicit upon this subject. 1 Powell on Mort- gages, 261, et seq. But it is said the complainant in this case is not entitled to the favorable consideration of the Court, because he gave a very inadequate price for the property, and is a mere specu- lator without merit, in whose behalf the Court should not actively interpose. The complainant, however, it will be re- membered, purchased at a public sale made by the sheriff, after full notice, and it is not pretended that all the require- ments of the law to give legal validity to such sales, were not observed. The property was known to be incumbered, and the title involved in doubt and embarrassed with difficulties; and no one could be found, after a long interval, but the com- plainant who was willing to buy and take upon himself the expenses, risk, and trouble of disentangling the title. The Railroad Company, the plaintiff in the judgment under which he purchased, makes no complaint, although the sum bid by him at the sheriff's sale covered but a small portion of their debt, and it is more than probable the residue will be lost to them. It has not been stated, and does not appear that the plaintiffs in the judgment made any objection to the sales or are at all dissatisfied with it, nor has any intimation been thrown out that it was not in all respects a perfectly fair transaction, and I cannot, therefore, understand upon what grounds the purchaser is to be denied any of the rights which the title thus acquired by him would, under different circum- stances confer. He assumed the risk of buying a worthless title, and if the result should be advantageous to him, I am of opinion he should have the benefit of it. In order to a final adjudication of the questions arising in this case, it must go to the Auditor to state the necessary ac- counts between the parties. From what has been stated, it will appear that I am of opinion, that the money received by the defendant Taylor from Sinclair should be applied to the |
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Volume 200, Volume 3, Page 545 View pdf image (33K) |
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