20 Iowa 22 | Iowa | 1865
The right of the wife to redeem, accrued under section 779, and this right is not taken away from her, if indeed it be conceded that it is competent for the legislature to do. so.
Upon a careful examination of the act of 1862, it is our opinion that it was not intended to apply to sales of the property of married women theretofore made, so as to require them to redeem within three years from the day of sale. This precise question was decided against the position taken by the defendants, in the case of Adams v. Beale et ux., 19 Iowa, 61.
Holding, as we do, that the right of the wife to redeem was not barred, but still subsisted, it is perfectly plain that under the statute she might make redemption by the payment of the money to the clerk. She need not, in such case, tender it to the tax purchaser or his assignee.
Reversed and remanded.