Gibson v. Gilman

Citations

• 71 Kan. 320
• 80 P. 587
• 1905 Kan. LEXIS 138

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Mortgages — Foreclosure of Second Mortgage — Tax Deed. A landowner gave two mortgages on his property, one subject to the other. The second mortgage was foreclosed and the land sold, subject to the first. The purchaser at the sheriff’s sale defaulted in the payment of taxes, and the land was sold therefor to a person who afterward took out and recorded a tax deed. After several conveyances the title of the purchaser at the sheriff’s sale vested in a corporation, which also bought in the title of the tax-deed holder. The corporation then conveyed to another corporation, which conveyed to the defendant. Held, that the latter could not set up the tax title to defeat the lien of the first mortgagee, for the reason that it was the duty of the purchaser at the sheriff’s sale to pay the taxes, and that grantees holding under his title could not derive a benefit from his default.</p>