Court of Appeals of Kentucky, 1867

Snow v. Dick

Snow v. Dick
Court of Appeals of Kentucky · Decided September 18, 1867 · Robertson
2 Ky. Op. 73; 1867 Ky. LEXIS 398

Snow v. Dick

Opinion of the Court

Opinion of the Court by

Judge Robertson :

It seems to this court that the physical restraint and mental disability of the appellee constituted an equitable excuse for his non-precise tender for redemption, and that the appellant ought to have accepted the subsequent tender, and that, when he seeks the aid of a court of equity to obtain a substitute of his lost deed, the court, intsead of granting such harsh and ungracious relief, should have required him, as it did, to surrender his hard and accidental *74advantage, and accept the amount to which he is legally entitled for redemption.

Perceiving no error in the judgment, either in principle or detail, this court therefore affirms it.

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