Freeland v. Harris
Freeland v. Harris
Opinion of the Court
delivered the opinion of the Court.
This bill was brought to enforce the redemption of a tract of land sold on the 19th of February, 1852, under a decree in Chancery.
The Chancellor decreed that the complainant was entitled to redeem; but that the defendant was not chargeable with the rent received for the year 1852. Both parties allege that the decree is erroneous. The defendant insists that the case is not within any of the statutory provisions giving the right of redemption: and the complainant insists that he ought to have been
But in refusing to require the defendant to account for the rent for the year 1852, we think the Chancellor erred. It does not vary the principle, that the complainant, under the coercion of process in the hands of the Sheriff, agreed to pay rent; nor is the objection to the complainant’s right to recover rent, placed upon, that ground, in the argument here. It is insisted that the act of 1850, ch. 121, does not apply to such a case. That act provides — “That in all the sales of land or- real estate hereafter to be made, under execution or deed of trust, — which by existing law is subject to redemption, — if the debtor is permitted, by the purchaser, or his assignee, to remain in possession, tthe debtor shall not be liable for rent from
This statute, construed according to the strict letter, would apply only to sales of land under execution, and to sales in pais, under deeds of trust; and not to any sale under, or by virtue of a decree in Chancery. This construction would lead to injustice and gross absurdity. The law was passed for the benefit of the debtor, to relieve him from the oppressive injustice of paying interest upon the purchase money, from the time of the sale to the time of redemption, and likewise from the loss of the rents and profits during the same period. The reason .of the law applies equally to all sales, no matter how made, whether by execution, decree in Chancery, or by an act in pais. The manner of the sale is wholly unimportant; the thing contemplated by the legislature was to secure the debtor the value of the rents and profits, which might be received by the purchaser, in the interval between sale and time of redemption. This is the obvious intention of the law. And it is an established rule in the exposition of statutes, that the reason and intention of. the lawgiver 'will always prevail over and control the literal sense of the terms of the law, when the latter would lead to injustice, contradiction and absurdity. 1 Kent’s Com. 510. We hold, therefore, that sales under any order or decree in Chancery, are within the spirit and
Reference
- Full Case Name
- Jeremiah Freeland v. George C. Harris
- Status
- Published