81 Ga. 247 | Ga. | 1888
But after thus grading the sale, there is no reason for holding that the property is redeemable on less onerous terms than it would be had it been sold under the tax ■fi.fa. alone. No larger estate was divested or acquired, and perhaps no larger a price paid or received, than would have been had the sale been under that fi. fa. only. And the proceeds belonged no less to the defendant in execution; and in fact she had the benefit of all the proceeds, in the present case, for they were applied first to the taxes, and the excess to the judgments. There is no law to redeem unless by refunding the whole amount paid by the purchaser, with the statutory premium thereon; redemption could not be effected by refunding, or offering to refund, a less amount measured by the taxes, with premium on that much. Code, §898.
The judgment refusing a new trial is affirmed.