Kepley v. Jansen

Citations

• 107 Ill. 79
• 1883 Ill. LEXIS 229

Syllabus

<p>1. Lien foe taxes—upon other lands. The statute does not make the taxes due on one tract of land a lien upon another tract.</p> <p>2. Same—purchaser under judgment which includes taxes not a lien on the land sold—prior incumbrance. Where a tract of land is sold on execution issued upon a judgment which includes taxes on other lands besides the tract sold, the sale will be regarded as having been made Under an ordinary judgment, where personal service was had, and the purchaser will take the same subject to a mortgage lien thereon made before the judgment became a lien.</p> <p>3. Fobeclosuee—as to taxes paid before principal is due. Where the interest on a mortgage debt is payable annually, the mortgagee, in foreclosing for unpaid interest due, may have included in the decree taxes paid .by him to preserve his security, and is not bound to wait until the principal debt is due.</p> <p>4. Party—to bill to foreclose. On bill to foreclose a mortgage, a purchaser of the land, on sale under a judgment against the mortgagor which is not a prior lien, is not only a proper but a necessary party defendant, as the holder of the equity of redemption.</p>