Barnitz v. Beverly
Citations
- 163 U.S. 118
- 16 S. Ct. 1042
- 41 L. Ed. 93
- 1896 U.S. LEXIS 2251
Syllabus
<p>A state statute -which authorizes the redemption of property sold upon-foreclosure of a mortgage, where no right of redemption previously existed, or which extends the period of redemption beyond the time formerly allowed, cannot constitutionally apply to a sale under a mortgage executed before its passage.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that “[n]o provision of the constitution . . . has received more frequent consideration by” Supreme Court than Contracts Clause
- holding statute, enacted in wake of Depression of 1893 authorizing redemption of foreclosed property, substantially impaired rights under original mortgage contract
- “No provision of the [C]onstitution of the United States has received more frequent consideration by this [C]ourt than that which provides that no state shall pass any law impairing the obligation of contracts.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Shiras
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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