American Banking & Trust Co. v. Lynch

Citations

• 10 S.D. 410
• 73 N.W. 908
• 1898 S.D. LEXIS 5

Syllabus

<p>1. Under Comp. Laws, §§ 4338, 4339 providing that every person having an interest in property subject to a lien has a right to redeem at any time before such right is foreclosed, and that a junior lienor may redeem from a superior lien in the same manner as the owner, a junior mortgagee’s right to redeem from a sale under a prior mechanic’s lien is not foreclosed by an action to enforce the latter in which the mortgagee is not made a party.</p> <p>2. A junior mortgagee does not loose his right to redeem from a prior mechanic’s lien, in the action to foreclose which he was not made a party, because subsequent thereto he obtained a decree for the sale of the premises under his mortgage, without being’ first required to redeem from the prior lien.</p>