1 N.Y. 528 | NY | 1857
I believe all the judges agree that both the attempts to acquire the title of the purchaser to the premises in question were ineffectual, unless the one made by the relator was made good by the act of Griffin, the original purchaser, in attempting to use the relator’s money to effect the second redemption. In both instances the money was paid to the clerk, neither the sheriff nor any of his officers being present; while the statute required it to be paid to the officer who made the sale or to the sheriff, under sheriff or one of the sheriff’s deputies. Griffin’s attempt to redeem was also ineffectual, for the further reason that he did not pay money enough. The question, then, is whether the relator’s attempted redemption was confirmed by what took place subsequently respecting her money. It is insisted that this amounted to a waiver of the defect in the relator’s redemption and confirmed and made good that proceeding.
I cannot assent to this position. I think the rights of the relator were settled at the expiration of the fifteen ¡months. That time expired on Saturday night, the first of June, at midnight. At that time Griffin, confessedly, had done nothing to prejudice her rights. The relator nad
But I do not think the purchaser can be said to have obtained possession of the relator’s money. The act of taking it into his hands and immediately delivering it back to the clerk, from whom he received it, did not prejudice the relator. It was merely a formal act, indicating, it is true, that he supposed the relator had made a valid redemption and intended to effect a second redemption, but which was, however, wholly futile. If the relator would rely upon this ceremony as a ratification of her redemption, she ought to give it effect, in favor of the purchaser, according to his intention.
v I am in favor of affirming the judgment of the Supreme Court.
Comstock and Brown, Js., did not hear the argument; all the other judges concurring,
Judgment affirmed.