Select Cases And Other Authorities On the Law of Mortgage
Select Cases And Other Authorities On the Law of Mortgage
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In fact, he redeemed as the assignee of Dyer, the administrator of the mortgagor; and if Dyer had j)aid the mort- gage, would it be contended that the demandant's claim would not have revived? The tenant resists that claim against all equity, since by the terms of his own purcha. >^e it was reserved; and if his plea is supported, great injustice is done to the demandant. By the court. It has been contended for thi' demandant, upon the facts exhibited by the pleadings in this ca.^', that her tit...l»> to dower has revived and is as if she had never released it in the deed of mortgage. It would Ix? singular if, when the tenant had paid the money due on the mortgage, and supposed that he had thus perfected his estate by extinguishing the only inctnnbrnncN' he knew to exist upon it, he should by that act revive the claim of the 358 COMMON LAW RELATIONS. [CHAP. I. demandant, which she had before solemnly renounced under her hand and seal, and which, as he was under no obligation, it cannot be presumed he meant to do.
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