Kern v. Towsley

By the Court, Johnson,.J.

This action was brought to recover the amount of a tax assessed upon real estate in the town of Waterloo, Seneca county, and paid by the plaintiff. The plaintiff sold the premises to the defendant, and conveyed the same by deed, August 1, 1863. The contract of sale was made July 8, 1863. This contract contained the following stipulation: “ Said party of the second part also agrees to pay all taxes and assessments that shall be taxed or assessed on said premises from the date hereof, until said sum shall he fully paid as aforesaid.” ' By the previous terms of the…