Beet Growers Sugar Co. v. Columbia Trust Co.

(after stating the facts as above). The appellant contends that under the statutes of the state of Idaho it is entitled to one year in which to redeem from the sale and that the right so given by the state law is a property right which will be enforced in the federal courts, citing Brine v. Insurance Co., 96 U. S. 627 , 24 L. Ed. 858 . It may be conceded that, if the right to redeem in the present case is conferred by the local statutory law, it will be recognized in a federal court. It does not follow that a federal court may by a state statute be deprived of any of its general equity powers. Guffey v. Smith, 237 U. S. 101, 114 , 35 S. Ct. 526 , 59 L. Ed. 856 . The right so given by the statute of Idaho is a right incident to a sale of land on execution and to a sale on foreclosure of a mortgage. In the case of a mortgage the right does not come into existence until a foreclosure sale has been made. Here no foreclosure sale has been decreed or made. The receiver was appointed with the consent of the appellant, and the suit was converted into a general receivership to protect and determine the rights of all parties to the suit and to wind up the appellant’s affairs. To this…