228 P. 603 | N.M. | 1924
Statutes giving a right of redemption after foreclosure sales are to be construed liberally; while their terms are not to be extended by implication beyond what the legislature has authorized, the construction in any case of doubt or ambiguity should be in favor of the right to redeem. 27 Cyc. p. 1800, Sec. 2; Whitehead v. Hall,
A mortgagor of real estate is entitled to retain possession of the property after the confirmation of the sale thereof under decree of foreclosure. 19 R.C.L. pp. 627 and 630; 27 Cyc. pp. 1738, 1743 (Sec. 9), 1744 (Sec. B.), and 1745 (sub-Sec. D); Stevens v. Hadfield (Ill.),
"When the defendant continues in possession after a sale by foreclosure of mortgage, or on execution, unless he claims by a title paramount to the mortgage by virtue of which the sale was made, or by title derived from the purchaser at the sale."
It is to be seen that this section puts foreclosure sales and execution sales upon the same basis. If an execution defendant is not entitled to possession during the redemption period of one year, a mortgagor is not entitled to possession after confirmation of the sale. To hold that either are so entitled, would be to nullify this statute. Counsel relies upon Section 571, Code 1915, which provides that in the absence of a stipulation to the contrary, the mortgagor has the right to *147 possession. This statute evidently refers to the time prior to foreclosure and sale, and has no application to the present consideration.
It follows that the action of the court in issuing a writ of assistance and putting the purchaser into possession was correct, and should be affirmed; and it is so ordered.
BOTTS, J., concurs.
BRATTON, J., having tried the case below, did not participate in this decision.