primary right
Defined in 1 dictionary — Case Law
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.