appellant's amounts and computations; and yet as we have seen, the payments exceeded all legal demands. It is clear that the error could work no injury to appellant.
The defense of duress is pleaded, and much of appellant's brief is devoted to that subject, but, as the case must be affirmed by reason of the total want of consideration for the note secured by the mortgage under which appellant claims the property, the question of duress becomes immaterial.
Affirmed. All concur.
(54. N. W. Rep. 919.)
Helene Wessel vs. D. S. B. Johnston Land & Mortgage Co.
Opinion filed March 8th, 1893.
Redemption from Foreclosure Sale—Voluntary Payment.
Where a party in possession, and with full knowledge of all the facts, pays to the proper officer the money necessary to redeem certain real estate from a foreclorure sale by advertisement, which sale was made after the lien of the mortgage had been fully satisfied and destroyed, and where such payment is made for the sole purpose of preventing the execution of a deed to the pur- chaser at the foreclosure sale, which would create an apparent cloud upon the title, such payment is voluntary, and cannot be recovered.
Payment Under Protest Unavailing.
That a payment was made under protest is of no avail, unless there was duress or coercion of some character, and then its only office is to show that such payment was made by reason of such duress or coercion. Protest can never make that involuntary which in its absence would be voluntary.
Appeal from District Court, Richland County; Lauder, J.
Reversed.
McCumber & Bogart, for appellant.
W. E. Purcell, and L. B. Everdell, for respondent.
Bartholomew, C. J. Action by Helene Wessel, the respondent, to recover certain money paid by her to redeem certain real estate owned by her from foreclosure sale under a power of sale
