Zuege v. Nebraska Mortgage Co.

Citations

• 92 Kan. 272
• 140 P. 855
• 1914 Kan. LEXIS 214

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Mortgage — Not Assumed by Purchaser — Purchaser May Acquire Valid Tax Deed to the Land. Where one takes a deed to land which is encumbered by a mortgage, but does not assume or agree to pay the mortgage, no personal relation or. obligation subsists between him and the holder of the mortgage and he owes no duty to the holder of the mortgage to pay the taxes on the land, and may thereafter acquire a tax deed to the land which will extinguish the rights of the mortgage holder therein if the land be not redeemed and no action be brought by the holder of the mortgage to set aside the tax deed within five years from the issuance thereof.</p>