primary right
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 266 U.S. 548 - Ebert v. Poston · 1925Most cited · 118 citing opinions
The statutory right to redeem from a sale by advertisement is not a right of action. It is a primary right as distinguished from a remedy. The defeasible title of the purchaser at the sale becomes absolute if the mortgagor fails to avail himself of the right within the statutory period. The purchaser's title is extinguished if it is availed of. The bill in equity is merely the remedy by which the right, if still existing, may be enforced.
How often courts cite the case defining “primary right”
Court decisions citing the opinion that defined “primary right” — 115 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.