Peterson

This is an appeal by plaintiff from a judgment in an action wherein the relief sought was that of compelling defendants to file and record a certificate of redemption from a sale by the sheriff in execution of a judgment in a suit to foreclose a mortgage.

In substance, the facts are as follows: Defendant Lillian M. Gilbert, who by reason of her marriage after the institution of the action is now known as Lillian Mary Ann Hall, was the owner of several lots of land upon which she had given a mortgage to her co-defendant herein, Louis Brown, as security for a certain indebtedness which Mrs. Gilbert owed to him. Neither the interest nor the principal indebtedness having been paid, the mortgage was foreclosed. Within the time allowed by law Mrs. Gilbert redeemed the property from the sale under the foreclosure proceedings, and a certificate of redemption was issued and delivered to her, but which she failed to place of record. In the meantime the plaintiff in the present action secured a judgment in another action against Mrs. Gilbert on an indebtedness owing by Mrs. Gilbert to the plaintiff. In execution of his judgment the plaintiff levied upon the same property which theretofore…

I dissent.

The sole ground of respondent’s defense is that she attempted to redeem from a sheriff’s sale, by making to the purchaser an indefinite offer to pay the amount required for redemption, but that the plaintiff by his conduct prevented her from redeeming, by failing to give her information concerning the actual amount necessary to make such redemption. The evidence absolutely fails to show that any stated sum of money was ever tendered to the purchaser. The sale was a matter of record. The sheriff’s return was on file. The amount required to redeem was merely a matter of computation from the figures in the record. The amount so ascertained could have been tendered. Then it would have been the duty of the purchaser to accept the amount offered, or else to state to the party offering to redeem, any facts showing that the amount offered was not sufficient.

But until an actual tender made, of some definite sum, the purchaser was not under obligation to act in the matter. He did not mislead respondent at all. He simply stood upon his rights. This he was entitled to do. The fact that the plaintiff might have been, or should have been, more kind and considerate in dealing with…