Boarman v. Catlett

Citations

• 21 Miss. 149

Syllabus

<p>An equity of redemption in real estate, whether before or after the forfeiture of the mortgage, is incapable of sale under execution against the mortgagor^ in this state, unless the whole of the mortgage money has been paid, and there ■ is nothing but the naked legal title outstanding.</p> <p>Under the ordinance organizing the Mississippi territory and the constitution of 1817, schedule, sec. 5, all English statutes are excluded from operation in this state, and only the common law and the statutes of our own government adopted for the determination of the rights of the citizen.</p> <p>He only has a right to redeem mortgaged property who has an interest in or lien upon it.</p> <p>A purchaser, therefore, of mortgaged property under execution against the mortgagor, before forfeiture of the mortgage, or payment of the mortgage debt, having by his purchase acquired no interest in or lien upon the mortgaged property, has no right to redeem it. It would be otherwise if by the purchase he acquired any right.</p>