
    Bergen v. Bennett, 1 C. C. E. 1.
    
      Redemption of Mortgaged Premises. Power of Sale in a Mortgage Deed.
    
    This was an appeal from a decision of Chancellor Lansing, permitting Bennett, the respondent, to redeem lands sold by Bergen, the appellant, at auction under a power of sale contained in the mortgage. The mortgage had been purchased by him of the original mortgagee, and he became the purchaser of the property at the sale. The respondent was the son of the mortgagor, who died in 1776, leaving the respondent, then only fifteen years of age, his oldest son and heir at law. The property was sold in 1784, and bid off by a third person as the agent of Bergen, to whom the latter conveyed the premises, and who immediately re-conveyed them to the appellant.
    The Chancellor held that the power of sale contained in the mortgage expired with the life of the mortgagor, and that his heir was not barred of his title by the execution of the power after the death of his ancestor. He therefore decreed that he was entitled to redeem, and that an account should be stated between the parties, &c.
   The Court of Errors reversed this decision. The opinion of the court was delivered by Kent, J. He says, “ It is admitted that a naked authority expires with the life of the person who gave it; but a power coupled with an interest is not revoked by the death of the grantor. In my opinion the power contained in the mortgage is of the latter description.” He also held, “ That the heir was barred of the right to redeem under the circumstances, having waited without any legal disability sixteen years, and only when finding it a gaining bargain, presenting himself to redeem.” The decree of the Chancellor was reversed, and the bill to redeem ordered to be dismissed with costs.  