Skinner v. Smith

1 Day 124

Opinion

By the Court.

Although it cannot be admitted as a rule, that a mortgagor shall have fifteen years to redeem, for that special circumstances may limit his equity to a shorter period ; yet it may be adopted as a rule, that the mortgagee being in possession, a mortgagor shall not have more than fifteen years to redeem, after his equitable right has aeciued, unless the delay shall be accounted for, by statute disabilities, or other special circumstances, that may be considered equivalent. For, a mortgagee, who has paid a valuable consideration, and acquired a possession by law, should not be in a worse condition than a disseizor. In this case, no such disabilities, or special circumstances, exist; and the mortgagee, and those holding under him, have had the possession a much longer period than, fifteen years.