[DOWNLOAD] "Collins v. Riggs" by United States Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Collins v. Riggs
- Author : United States Supreme Court
- Release Date : January 01, 1871
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Mr. B. C. Cook, for the plaintiff in error (iterating and enforcing, as to the other parts of the case, the arguments of Mr. Fuller, already presenced in the report of the preceding case) argued upon this new point that Breese not having been brought in, and the mortgage being so still in existence, Corcoran was but an assignee of part of it, and Riggs his assignee, nothing more; that the defendant could, therefore, properly tender payment of it; that the only question was as to amount; that as to this, Riggs's right in the mortgage was to secure only such a proportion of the whole as the value of this tract represented, which value or amount was shown by the marshal's sale; that this sum, with costs, taxes, and interest, had been tendered and was now in court. Messrs. Carlisle and McPherson (a brief of Mr. Thomas Dent being filed on the same side) argued contra, that the defendant, by his tender, substantially confessed that he could not resist the mortgage, but that his willingness to liquidate it pro tanto, by showing a tender of a sum of money to the plaintiff some time after the commencement of the suit, was no valid tender, that the amount was insufficient, and that the whole mortgage-money should be tendered. Independently of this, that such an attempt to avoid an action of ejectment was unheard of; that after condition broken, the mortgagor's rights were purely equitable, and that he could obtain relief only in chancery.