19 Wend. 87 | N.Y. Sup. Ct. | 1838
By the Court,
The judgment debtor has ope year to redeem from the time of sale, 2 R. S. 370, § 45, which expired on the 18th July, 1836, inclusive ; and in case of his omission to do so, then any junior judgment creditor may redeem “ within three months after the expiration of such year.” If we count the nineteenth day of July, 1836, as we should do, the three months, commencing the beginning of that day, will expire on the eighteenth day of October following. The rule of computation of time in respect to notices, or where an act is to be done, in which we usually exclude the first and include the last day, does not apply, as here there can be no fraction of the nineteenth day of October to be disregarded, as the whole of it necessarily comes within the three months, by the statute commencing on the expiration of the year, which is the last moment of the eighteenth day of October. This principle of construction, I understand, has been ádopted in the court for the correction of errors in an analogous case. But even without the- application of it here, there are several other sections in respect to the process of redemption, which clearly indicate that the legislature intended to allow only the fifteen months, and which, in this case, expire on the eighteenth of October. 2 R. S. 371, 373, § 51, 61, 62.
The above disposes of the whole case, and it is, therefore, unimportant to notice other points raised on the argument.
The motion must therefore be denied with costs.