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2 Ky. Op. 73

Snow v. Dick

Court of Appeals of Kentucky

Decided September 18, 1867

Court of Appeals of Kentucky · decided 1867-09-18

<p>Redemption — Physical Restraint — Mental Disability — Excuse for Non-Tender.</p> <p>Physical restraint and mental disability is an equitable excuse for not making a precise tender for redemption and a court of equity will require one to surrender this advantage and accept the amount to which he is legally entiled.</p>

Decided 1867-09-18

¶1Opinion of the Court by

Judge Robertson :

¶2It seems to this court that the physical restraint and mental disability of the appellee constituted an equitable excuse for his non-precise tender for redemption, and that the appellant ought to have accepted the subsequent tender, and that, when he seeks the aid of a court of equity to obtain a substitute of his lost deed, the court, intsead of granting such harsh and ungracious relief, should have required him, as it did, to surrender his hard and accidental *74advantage, and accept the amount to which he is legally entitled for redemption.

¶3Perceiving no error in the judgment, either in principle or detail, this court therefore affirms it.

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