United States Supreme Court Cases & Opinions

U.S. Supreme Court

Ebert v. Poston, 266 U.S. 548 (1925)

Ebert v. Poston

No. 153

Argued December 12, 1924

»Decided January 12, 1925

266 U.S. 548

Syllabus

1. Subsections 2 and 3 of § 302 of the Soldier's and Sailors' Civil Relief Act of March 8, 1918, as amended September 3, 1919, which provide for stays of proceedings to foreclose mortgages whether, in court or in pais under powers of sale, are to be construed with § 101(2), defining "period of military service," and

Page 266 U. S. 549

do not include proceedings taken prior to the passage of the act or prior to the commencement of the military service of the owner of the mortgaged property. P. 266 U. S. 552.

2. Section 205 of this act, which provide

"that the period of military service shall not be included in computing any period now or hereafter to be limited by any law for the bringing of any action by or against any person in military service, . . . whether such cause of action shall have accrued prior to or during the period of such service,"

does not apply to a statutory right to redeem real estate, after foreclosure through advertisement and sale under a power of sale mortgage, by payment of the sum bid with interest and fees without resort to court proceedings. P. 266 U. S. 553.

3. The judicial function in construing a statute is limited to ascertaining the intention of he legislature therein expressed. P. 266 U. S. 554.

221 Mich. 361 reversed.

Certiorari to a decree of the Supreme Court of Michigan which reversed a decree dismissing a bill to redeem land from a foreclosure made by advertisement and sale at public vendue.