Shepard v. Vincent

Citations

• 38 Wash. 493
• 80 P. 777
• 1905 Wash. LEXIS 1197

Syllabus

<p>Mortgages—Action to Redeem—Defenses—Taxes—Outstanding Tax Title Acquired by Mortgagee. A mortgagee in possession, or one holding under an absolute deed intended as a mortgage, cannot acquire an outstanding tax lien or title and hold the same against the title of the mortgagor (except as a lien secured by the mortgage, under 3 Bal. Code, § 1739); and hence, in an action by the mortgagor to redeem from the mortgage, an answer setting up a subsequent tax title, not denied by the plaintiff, is insufficient to authorize a judgment of dismissal.</p> <p>Same—Taxation—Actions—Tender of Tax. An action by a D grantor in a de'ed to reform the same as a mortgage, and to redeem therefrom, brought against the grantee and successors in interest, who had acquired a tax title since the date of the deed, is not an action affecting the validity of a tax title, within Bal. Code, § 5678, requiring the plaintiff to tender the amount of the tax.</p>