Reports of Cases Argued And Determined in the Supreme Court of ..., volume 142
Reports of Cases Argued And Determined in the Supreme Court of ..., volume 142
Alabama Supreme Court
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Then, if he ten- ders in this manner, each person can receive the amount tendered, and if they should prove to be insolvent, the debtor might lose two- thirds of his money, and by the operation of this kind of process, it would alwavs be in the power of the purchaser at execution «ale to absolutely deprive the debtor of the right of redemption which the statute gives him. Yet, the point is not without diffi- culty, owing to the fact that the law-makers do not seem to have anticipated just such ...a state of affairs as here ex- ists, and we have not been able to find any case exactly in point. Let us see then how the matter stands, according to our statutes: Sections 3505 and 3507 of our (^ode, cer- tainly give to the judgment debtor the ripht to redeem the entire tract of land by paying "the purchase money with ten per cent per annum thereon, and all lawful charges," and it is not in the power of the purchaser or any one el-e to dei)rive him of that right, and, according to w( II r( cognized principles of etjuity, if, by the act of the purchaser himself, matters have been so adjusted that the debtor cannot comply with the statute by tendering the required money, in accordance with the statute, then said purchaser is estopped from complaining that such tender has not been made.
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