Bender v. King

Citations

• 111 F. 60
• 1901 U.S. App. LEXIS 4950

Syllabus

<p>1. Judicial Sales—Right of Redemption—Montana Statute.</p> <p>Code Civ. Proc. Mont. § 702, provides that, where the answer of a defendant admits a part of the claim sued on to be just, the action may be severed on plaintiff’s motion, and judgment rendered on the part so admitted. A plaintiff sued on two distinct causes of action, and procured an attachment on both, which was levied on real estate. The action was subsequently severed under such statute, and judgment rendered on one of the causes of action, under which the attached property was sold to a third person; the action upon the remaining cause having been continued. Held!„ that the attachment as to such part still remained a lien upon the property, subject to the sale made under the judgment, and constituted a “subsequent lien,” which entitled the plaintiff, under the statutes of the state, to redeem from the sale.</p> <p>2. Same—Successive 'Redemptions.</p> <p>Redemption statutes are to be liberally construed, and where a subsequent lienholder, entitled ,to redeem from a sale of real estate under execution, from which previous redemptions have been made or attempted, pays to the sheriff the amount which the original purchaser is entitled .to receive, together with the amount of the claims of the prior redemptioners, the money paid in will be treated in equity as having been paid for the benefit of the original purchaser to the extent of his claim, and a redemption will be effected, even though for any reason the prior redemptions were not effective.</p> <p>8. Same—Payment Necessary to Redeem—Tax-Sale Certificates.</p> <p>Code Civ. Proc. Mont. § 1235, requires one redeeming from a judicial sale to pay to the purchaser the amount of his purchase, with interest, “together with the amount of any assessment or taxes which the purchaser may have paid thereon after purchase,” with interest. Held, that a purchase of the property at a sale for delinquent taxes, and the taking of a certificate of purchase therefor