Shrigley v. Black

Citations

• 66 Kan. 213
• 71 P. 301
• 1903 Kan. LEXIS 31

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mortgage — Tax Deed to Mortgagor — Estoppel. A mortgagor of real estate, being under duty to his mortgagee to pay taxes on the mortgaged property, cannot defeat the mortgage by any form of a lien growing out of taxes which he has suffered to become delinquent; nor will his grantee be permitted to accomplish a like result by means of delinquent taxes, or a lien for the same, existing at the time the property was conveyed to him.</p> <p>2. •-- Lien for Taxes in Ejectment — Effect of Redemption from Sale. Where a mortgagor, having executed a mortgage prior to tho enactment of the redemption law of 1893, permits the mortgaged premises to go to tax sale and deed, and where the tax deed is held invalid, as a muniment of title, in an action brought in ejectment under such deed, but the taxes paid thereunder are adjudged to be a lien on the premises and the same ordered to be sold to satisfy such lien, and where the grantee of such mortgagor redeems from such sale as provided in section 23 of the redemption law (Gen. Stat. 1901, §4949), held, that by such redemption such real estate is not freed from the lien of the mortgage; and held, further, that, if said section 23 should be applied literally to such a case, the effect would be to impair the obligation of contracts, and, hence, in so far would be unconstitutional and void. Whether section 23 would apply to any case in favor of a mortgagor or his grantee, so as to cut off the lien of a mortgage where a mortgagor had permitted a lien for taxes to accrue, is not decided.</p>