Collins v. Riggs
Cases that cite this one
15 later published cases cite this decision.
- Sun First National Bank of Orlando v. RGC (Fla. Dist. Ct. App. 1977)
- United States v. Brosnan (3d Cir. 1959)
- United States v. Brosnan (3d Cir. 1959)
- United States v. Brosnan (District Court, W.D. Pennsylvania 1958)
- O'Brien v. Perkins (Tex. App. 1925)
- Tualatin Academy v. Keene (Or. 1911)
- Dougherty v. Kubat (Neb. 1903)
- American Loan & Trust Co. v. Atlanta Electric Ry. Co. (U.S. Circuit Court for the Northern District of Georgia 1899)
- Sellwood v. Gray (Or. 1884)
- Louisville Joint Stock Land Bank v. Radford (Supreme Court of the United States 1935)
- First National Bank v. Elliott (Ala. 1899)
- Evans v. Kahr (Kan. 1899)
- Fields v. Danenhower (Ark. 1898)
- McGough v. Sweetser (Ala. 1892)
- Martin v. Fridley (Minn. 1876)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
delivered the opinion of the court.
It is clear that the criterion by which the amount tendered' was gauged was incorrect. To redeem property which has been sold under a mortgage for less than the mortgage debt, it is not sufficient to tender the amount of the sale. The whole mortgage debt must be tendered or paid into court. The party offer ing to redeem proceeds upon the hypothesis that, as to him, the mortgage has never been foreclosed and is still in existence. Therefore he can only lift it by paying it-. The money will be subject to distribution between the mortgagee and the purchaser, in equitable proportions, so as to reimburse the latter his purchase-money and pay the former the balance of his debt.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.