Union Central Life Insurance v. Puckett

Citations

• 97 Kan. 428
• 155 P. 930
• 1916 Kan. LEXIS 315

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Mortgage — Stipulation to Pay Taxes — Nonpayment—Right of Foreclosure. A stipulation in a mortgage provided that if payments of principal and interest of the mortgage debt were not paid when due, or if the taxes assessed against the mortgaged property were not paid when payable, the whole debt should become due and the mortgage become subject to foreclosure át the option of the mortgagee, and that in case • a default was made in the payment of taxes the mortgagee might pay the same and the mortgage should stand as security for the taxes so paid. Held, that a default in the payment of the taxes operated to accelerate the maturity of the mortgage debt and gave the mortgagee the right to maintain foreclosure at once; and held further, that the right to foreclose was not waived by the payment of the defaulted ■ taxes by the mortgagee.</p>