Tender followed by payment into court establishes the debtor's liability to that amount,1 and the money so paid in becomes the property of the creditor.2 It is therefore error on overruling plaintiff's demurrer to defendant's answer, to allow the defendant to take the amount so paid in.3 So if tender is pleaded and kept good in an action in foreclosure it is error to find that there has been no breach of condition.4 Where the verdict should be for the difference, if any, between the amount so paid in and the amount found due, it is error to deduct the amount paid in from the amount of the verdict in rendering judgment.5 Tender does not, of course, prevent the debtor from setting up a counterclaim covering the difference between the amount tendered and the amount claimed.6 This rule does not apply in admiralty.7