Summary

Hooker v. Burr — Opinion of the Court

In such case we suppose there can be no doubt of the right of the mortgagee to assert, as a defense to the action, the unconstitutionality of the subsequent legislation as an impairment of his contract contained in the mortgage. But it may be said that where the legal or equitable rights of a party are not in any way touched, and he is in no way injured, he cannot be heard to complain of the impairment of the obligation of his contract, as a mere abstract proposition.
Source: Wikisource

Hooker v. Burr — Opinion of the Court

Attention is also called by plaintiff in error to a portion of the opinion in which it is stated that, 'Without pursuing the subject further, we hold that a statute which authorizes the redemption of property sold upon foreclosure of a mortgage, where no right of redemption previously existed, or which extends the period of redemption beyond the time formerly allowed, cannot constitutionally apply to a sale under a mortgage executed before its passage.' And it is asserted that such a case is now before the court.
Source: Wikisource

Hooker v. Burr — Opinion of the Court

Many of the earlier cases declare the invalidity of subsequent laws in regard to redemption of land sold under execution, which altered the law existing when a mortgage was made, and some of them, it would seem, have declared the laws unconstitutional, even at the suit of a purchaser at the sale. The leading ease on the subject of redemption decides nothing as to the rights of a purchaser.
Source: Wikisource

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