Farrell v. Gustin

*241The opinion of the court was delivered by

Scott, C. J.

The questions raised by this appeal relate to the right of a second mortgagee to recover of the first mortgagee taxes paid upon the land mortgaged. The second mortgage was foreclosed first, and the mortgaged land was sold thereunder to the bank represented by the respondent as receiver. The sale was made in 1892, but a deed to the lands did not issue to the bank until in July, 1895. The court found that the delay in issuing the deed was due to a failure of the bank to apply for it, and the taxes were paid by the respondent for the years…