Hay v. Hill

Citations

• 65 Cal. 383
• 4 P. 378
• 1884 Cal. LEXIS 564

Syllabus

<p>Constitutional Law — Taxation—Mortgage—Impairment oe the Obligations of Oontbacts. — Where a mortgage was executed prior to the adoption of the new Constitution, containing no express agreement that the mortgagor should pay the taxes on the property mortgaged, the mortgagee is, hy section 4 of article xiii. of that Constitution, made primarily liable for the taxes assessed against the mortgage interest, and if the mortgagor pays all the taxes, he may deduct from the mortgage debt the amount assessed against the mortgagee. The obligation of the contract is not impaired hy this provision of the Constitution.</p>