Page:Federal Reporter, 1st Series, Volume 1.djvu/453

BWENSON ». HALBEBG. 445 �HoMESTBAD— Sale UothîR FonECLosuRE— Kehemption bt Assirnee m BANKTiopfCY.— 'Plie redemption of a hotnestMri t'rom foreclosnre saleby an assignee in bunkruptoy does not euuro to the benefit of ihe bank- rupt and hia assigna. �Davis, O'Brien e Wilson, for plaintiff. �Geo. L. de Chas. E. Otis, for defendant. �Nelson, J. The plaintiff brings lus action of ejectment to recover the property hereinafter described, whieli is tried by the court without a jury. �It is admitted the plaintiff, on Deeember, 26, 1864, was seized of the property described as block five (5) in the platted town of "Centre City," in the state of Minnesota. On that day he conveyed it to Louis Shogren and John Bhogren, together with lots 1, 2, 3, 4 and 5, in block 4, in that town. On July 17, 1868, Louis and John Shogren gave a mortgage of ail this property to J. N. Castle, who assigned it to H. P. Noyes, October 10, 1868. This mortgage was foreclosed by advertisement under the laws of Minnesota, and on April 23, 1870, the mortgaged property was sold »t public auction, and was bid in by H. F. Noyes, to whom a certificate was given by the sheriff, dated May 12, 1870. The sale, however, was subject to the redemption provided by law. The property was sold by the sheriff in a body, not in separate lots or tracts, and the published notice of foreclosure sale, in speei- fying the amount claimed to be due, included therein the debt, interest, and $50 attorney's fees, whereas, the mort- gage, in terms, stipulated for $25 attorney's fees. Two cer- tifi-cates were issued to the purchaser — the first, executed by the sheriff, but not in his officiai capaeity; the second, prop- erly executed, to cure defects. The second certificate, of the same date as the first, was assigned on June 25, 1870, by H. F. Noyes — one-balf to Louis Torenus, one-fourth to I. E. Staples, and one-fourth to W. G. Bronson. AU the aforesaid instruments were duly recorded. �On May 12, 1869, John Shogren and wife executed a deed of the property embraced in the mortgage to Louis Shogren. Louis Shogren was adjudged a bankrupt June 14, 1870, on a petition filed on the third day of the same month, îind ��� �