Legal Opinion

Woodbury v. Swan

Supreme Court of New Hampshire

Decided June 5, 1879PublishedCited by 7 opinions

Bxll in Equity, for the foreclosure of a mortgage against Swan, the holder of a subsequent mortgage, and for a decree against a tax title acquired by Swan while holding his mortgage. Reported in 58 N. H. 380. Facts found by the court.

1Opinion of the Court

Bingham:, J.

It is a general rule, founded on the requirements of good faith, that any one interested in land with others, all deriving their titles from a common source, cannot acquire an absolute title to the land by a tax deed, to the injury of the others. The payment of taxes by a mortgagee protects his interest, and for the protection of his interest he may acquire a tax title, but he cannot set up that title to defeat a prior mortgage. 1 Jones Mortgages, s. 6§0; Cooley Taxation 348; M. S. Bank v. Bacharach, 46 Conn. 513.

In the relations of these parties, Swan occupies the position of…

2Cases cited1 opinion

  1. Middletown Savings Bank v. BacharachSupreme Court of Connecticut · 1879

3Cited by7 opinions

  1. In Re Application of Boone Cty CollectorAppellate Court of Illinois · 1985
  2. Langley v. BatchelderSupreme Court of New Hampshire · 1899
  3. Gordonville Corp. v. LR1-A Ltd. PartnershipSupreme Court of New Hampshire · 2004
  4. Candlewick Lake Ass'n v. Continental Illinois National BankAppellate Court of Illinois · 1985
  5. Moore v. CrispSupreme Court of Oklahoma · 1963

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