by John Marshall Harlan

“ We are of opinion that, construing the statute so as to give effect to the object for which it was enacted, a court of equity should refuse aid to a party, asserting under it a right of redemption, who has neglected, at least without sufficient cause, before the expiration of six months from the confirmation of the sale, to invoke the authority of the proper court or judge to compel the recognition of such right by the officer whose duty it was, under the statute, to accept a tender made in conformity with law. ”

“ It is clear that the right to redeem after sale, wherever it exists, is statutory.
If it be assumed that the provisions of the chapter relating to 'sales under execution,' and which, in terms, gave six months after the confirmation of sale to redeem, apply to sales under decrees of foreclosure, it does not follow that the plaintiff is entitled to relief. The territorial statute, like similar statutes in the several states, evidently contemplated that a redemption, if desired, should be made within a fixed, and comparatively short, period after sale. ”

“ If, as suggested, this remedy is cumulative only, that fact only diminishes the right of the plaintiff to relief; for he not only neglected to avail himself of this specific remedy, but failed to invoke, in due time, the general authority of a court of equity. ”