Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1914-09-16
CLANCY ADMITS
FORMER OPINION
WAS IN ERROR
Attorney General Takes Back
What He Said About Right
of Mortgage to Redeem
Property Sold for Taxes,

ESPECIAL DISPATCH &c NoNNtNe SeeNNNAf
Santa Fe. Sept. l5.-Attorney Gem
eral Frank W. Clancy is quick and
frank enough to admit an error. and
In an opinion handed down yesterday
admits that he was in error when he
ruled that a mortgage had no right
under the statute to redeem property
sold for taxes. BY the way ne
said. the publicity given these opin-
ions through the newspapers. has a
good effect. for no sooner had the
Journal published the opinion in which
this office erred, then | received a
letter from Farmineton and from
Springer, calling my attention TO a
statute this office had overlooked.
The corrected opinion follows:
Santa lie. Sept. IA, 1914.
"Mr A. NJ. Amsden, Pennington, New
Mexico.
Dear Sir:-Upon my return from
weeks absence | find your letter oil
the Sth instant acknowledging receipt
Of my previous letter of the 3rd IN re-
ply to your inquiry regarding the figh'
of mortgage or trustee to redeem
property sold for taxes.
In my former letter | reached the
conclusion. based upon an examination
OF section 1895 of the complied laws OF
1897. of section 20 of chapter " OF
the laws of 1893 and Of section 81 oil
chapter 81 of the laws of 1913, thal
mortgage would not have sueh a
right of redemption, and that the figh'
Is limited to the former owner OF the
property. | have. however received
two letters from widely separated parts
of the state calling my attention t'
section 4103 of the compiled laws OF
1897. which had entirely overlooked
I believe that | never before mad u
consider this question, and when
found, In tracing back the legislation
that section 1895 of the compiled laws
fully covered the right of the moftga
gee to redeem, II did not occur to M
that there could be another sector
on the subject Section 4lOS is as ioi
lows:
I'm cases when real estate Is mort
gagged, If the mortgagor falls or neg
lects to pay the taxes due thereon IN
MORTGAGE may pay such taxes OF ic
deem such real estate If sold for taxes
on payment of any such mortgage o
In the action to enforce the same, TN
mortgagee may demand the taxes >
paid, with interest thereon at the rat
of twenty-five per cent per anhum
Or include the same in any 1udgmeh
rendered on the mortgage, ana an
taxes so paid by the mortgage sha'
be lien on such land SO mortgages
until the same shall be paid
II am of opinion that there Is n
inconsistency between this section an
the later legislation of 1899 and 1919
and that section 4103 of the comphe
laws still continues in force and there
fore, a mortgage has a right 10 re
deem the mortgaged property from
tax sale.
1T is not an agreeable thing 10
compelled to admit having fallen III.
error, but no man should hesitate
do so when once convinced that ne
wrong, and / feel under great opiisa
ton to my correspondents VINO
promptly called my attention 10 WI
unrepealed section. | Will say, no"
ever. in view of the great amount
work imposed upon my office ana VI
necessity Of rapidly disposing Oh
with an insufficient number of assis'
ants. | am only surprised that error
like this have not been frequent.
yours very truly,
FRANK w. CLANCY,
.Attornev General.