Page:Federal Reporter, 1st Series, Volume 5.djvu/352

 340 FEDERAL' BEPOETER. �the original unlawful consideration. Furblier discussion of the point is unuecessary. On the faith of the agreement which the plaintiff made with the defendants he advanced the moneys which he seeks to recover. The whole transac- tion was illegal, and the plaintiff having thus voluntarily put himself in a position where he was exposed to the liability of loss, he cannot ask the court to extricate Mm from that posi- tion. Motion for a new trial denied.' ���Paigb V. ISmith. (Circuit Court, D. Minnesota. January 20, 1881.> �1. Shbbipf's Cekto-icate— Redbmption pbom Mobtgagb Fobbclostjbs — When NoT CoNCLUsiTEi — Btatutes of Motnesota.— a sheriffs certiflcate of redemption from a mortgage foreolosure sale is not so far conclusive under the statutes of Minnesota as to prevent the re- demptioner from showing that he paid the full amount of the redemp- tion money within the time flxed by the statute for the making of a valid redemption. — [Ed. �Oilman e Clough, for plaintiff. �Benton e Benton and Lochren, McNair e Gilfillan, for de- fendant. �Nelson, D. J. This is an action of ejectment, tried withont a jury. The defendant has paid the costs of the first tirial, which resulted in a judgment against him, and the case is tried again as is allowed in such case by the statute of Min- nesota. The plaintiff claims title as grantee of "Marcy,"' who held a mortgage given by Cummins & Eouse on the undi- vided three-fourths of the land in dispute. TMs mortgage was foreclosed and the property sold October 30, 1875, and purchased by "Marcy," the mortgagee, to whom a certificate was given by the sheriff, which was'assigned March 8, 1876, to the plaintiff and L. L, Hubert, copartners. �The defendant claims through numerous conveyances and assignments from Cummins, the co-tenant of Eouse and his ����