Baldwin v. Gibson

Citations

• 85 Kan. 267
• 116 P. 827
• 1911 Kan. LEXIS 55

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Mortgage — Foreclosure — Invalid Tax Deed — First Lien. A mortgagee assigned the mortgage and guaranteed that he would pay the interest on the mortgage debt when due and the principal within a fixed time. He also purchased the mortgaged land at a tax sale and subsequently assigned the tax-sale certificate to another and upon this certificate an invalid tax'deed was issued. After the guaranty had become barred by the statute of limitations the owner of the mortgage brought an action to foreclose it, making the holder of the invalid tax deed a defendant and asking that he set up his lien or claim and have it determined to be subordinate to the mortgage lien. Held, that, notwithstanding the guaranty, the mortgagee was not under any obligation to pay the taxes nor barred from purchasing the land at a tax sale, neither was his assignee precluded from taking an assignment of the tax-sale certificate, and that as the holder of the invalid tax deed was invited into court to have the priorities of the mortgage and tax liens determined it was competent and proper for the court to adjudge that the holder of the invalid tax deed was entitled to a first lien for the taxes, interest and penalties.</p>