Laton v. Balcom
Supreme Court of New Hampshire
Writ of Entry. Facts found by a referee. The plaintiff claimed title by virtue of the levy of an execution in favor of his ancestor upon the right of one Harden to redeem the premises from a mortgage to the defendant’s wife, and payment of the amount due on that mortgage, made after judgment had been obtained by her in a suit to foreclose it.
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Writ of Entry. Facts found by a referee. The plaintiff claimed title by virtue of the levy of an execution in favor of his ancestor upon the right of one Harden to redeem the premises from a mortgage to the defendant’s wife, and payment of the amount due on that mortgage, made after judgment had been obtained by her in a suit to foreclose it. The levy was made August 24, 1881, and the payment, of the mortgage by the plaintiffs ancestor September 15, 1882. The judgment to foreclose the mortgage was obtained by Mrs. Balcom at the May term, 1882. The defendant claimed title by virtue of a sale…
1Opinion of the CourtBlodgett, J.
To preclude a person from acquiring a valid tax title, he must be under some legal or moral obligation to pay the tax, or there must be something in his contract or fiduciary relation to the owner of the property which renders it inequitable, as between them, that he should acquire the title. Brown v. Simons, 44 N. H. 475, 477, 478; Woodbury v. Swan, 59 N. H. 22; Kezer v. Clifford, 59 N. H. 208; Blackwood v. Van Vleit, 30 Mich. 118, 121; Moss v. Shear, 25 Cal. 38; Bowman v. Cockrill, 6 Kan. 311, 336; Cool. Taxation 346-348.. Owing the plaintiff’s ancestor no duty in respect to the delinquent…
2Cases cited3 opinions
- Bowman v. CockrillSupreme Court of Kansas · 1870
- Moss v. ShearCalifornia Supreme Court · 1864
- Blackwood v. Van VleitMichigan Supreme Court · 1874
3Cited by12 opinions
- First Congregational Church v. TerrySupreme Court of Iowa · 1906
- Koch v. Kiron State BankSupreme Court of Iowa · 1941
- Smith v. SpechtNew Jersey Court of Chancery · 1899
- Colquhoun (Eliz.) Est. v. Colquhoun (Robt.) Est.Supreme Court of New Jersey · 1982
- Langley v. BatchelderSupreme Court of New Hampshire · 1899
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