New York Supreme Court, 1838

Emmet v. Bradstreet

Emmet v. Bradstreet
New York Supreme Court · Decided July 15, 1838
20 Wend. 50

Counsel

D. Selden, for the plaintiffs insisted,, J. L. Tillinghast, for the defendant,

Emmet v. Bradstreet

Opinion of the Court

The Court

gave judgment for the plaintiffs, holding that the creditor by the redemption takes the title, and stands in the place of the purchaser ¿ whose title as against the judgment debtor had become perfect previous to the time when the creditor obtained the right to redeem. The redeeming creditor is bound to extinguish intermediate liens, and so far forth the deb;or is benefited; but the judgment of the redeeming creditor remains unaffected.

Judgment for the plaintiffs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.