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WILLIAM C. LUNT vs. GEORGE W. COOK.

Levy on Equity of Redemption from Mortgage — Subsequent Purchase by Mortgagor at Foreclosure Sale — Acquisition of Title. If the equity of redemption in mortgaged premises is levied upon, and afterwards the mortgagor purchases the premises at a sale under a power in the mortgage, the deed to him operates as a conveyance of the title and not as a discharge or release of the mortgage, and a deed of the officer who subsequently sells the equity of redemption previously levied upon is of no effect.

MORTON, J.

The effect of the levy was to divest the tenant of the equity of redemption. Capen v. Doty, 13 Allen, 262. Pub. Sts. c. 172, § 45. St. 1896, c. 464, § 1. All that remained to the tenant was the right to redeem from the levy. Pub. Sts. c. 172, § 32. This was taken away by the foreclosure proceedings, and the deed under the power of sale contained in the mortgage operated as a conveyance of the title to the tenant, and not as a discharge or release of the mortgage. The doctrine of merger does not apply. The rulings which were requested and refused were rightly refused.

Judgment for the tenant.

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LUNT v. COOK
(Nov 29, 1899)