77 N.J. Eq. 277 | New York Court of Chancery | 1910
This bill is filed by the purchaser at a tax sale against the owners of the property sold, and two holders of mortgages thereon, to
The fifty-seventh section provides that the owner may redeem the lands within two years from the date of sale, by paying to the purchaser the amount of purchase-money shown on the certificate, with twelve per cent, interest thereon, “together with such other fees and expenses as may be incurred by the purchaser under this act,” and on the purchaser receiving such payment from the owner, the sale is declared void. If the purchaser, on proper tender, does not cancel the certificate, redemption may be made (section 58) by paying to an officer designated, with an affidavit showing the right to redeem, and paying him one percent. of the amount for his compensation. The owner in this case, on February 10th, 1907, tendered to the purchaser the sum of $10.87, being $7.57 for the purchase-money in the certificate, thirty cents for interest and $3 to cover any additional fees and expenses under the act. The purchaser refused to accept this tender and demanded $10 as fees and expenses incurred under the act. This is claimed not as a fee or expense definitely fixed by the statute, but as a reasonable fee for the services actually performed by the purchaser’s counsel in searching the title.
The act (section 59) provides as one method of barring the right of redemption, that the purchaser may serve written no