Cones v. Gibson

Citations

• 77 Kan. 425
• 94 P. 998
• 1908 Kan. LEXIS 281

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Tax Sale — Purchase of Certificate by Guarantor of Mortgagee— Statute of Limitations — Lien for Taxes. The owner of a note secured by a real-estate mortgage assigned both instruments, and by contract written on the back of the note guaranteed the payment of interest when due and payment of the principal twelve months after maturity. Before the statute of limitations had run against the guaranty the guarantor purchased the land at tax sale. An assignee of the tax-sale certificate took a tax deed of the land, which, however, was void on its face. A suit was brought to foreclose the mortgage after the statute had barred the remedy upon the guaranty. Held: (1) The purchase of the land at tax sale by the guarantor did not effect a payment of the taxes as such a purchase by. the mortgagor would have done. The guarantor and his assignee were under no obligation to the state, to the mortgagor or to the holder of the mortgage to pay the taxes on the land, and consequently had the right to take a tax title thereto, at least as against all the world except -the holder of the mortgage; and the holder of the mortgage could object no further than might be necessary to protect, his lien. (2) The tax-deed holder, being an assignee of the guarantor and in privity with him, could plead the statute of limitations against the guaranty. (3) The remedy on the guaranty being barred by the statute of limitations, the guaranty was no longer a factor in the relations of the parties and the tax-deed holder was entitled to a first lien on the land.</p>