Comer v. Moore & Co.

Citations

• 115 Wash. 61
• 196 P. 591
• 1921 Wash. LEXIS 692

Syllabus

<p>Taxation (148, 170, 174)—Tax Titles—Action to Foreclose—Defenses—Persons Entitled to Redeem—Tender—Inequitable Foreclosure. The grantor in a special warranty deed, expressly subject to a lien for advances made to pay taxes and assessments in a certain sum, which the grantee assumed and agreed to pay on a day certain as part of the purchase price, is bound to the forebearance for the time fixed, whether such grantor was an equitable mortgagee, a holder of a vendor’s lien, or simply holder and owner of the tax lien; and hence such grantor cannot foreclose the tax lien prior to such date, and the grantee, on tender of all taxes and liens due, is entitled'to have the tax title and sale set aside.</p>