Cade v. Jeffers
Court of Appeals of Kansas
Error from Leavenworth District|Court. Hon. Robert Crosier, Judge. This was an action to foreclose a real-estate mortgage. Plaintiff in error, Cade, held 'a second mortgage on the land. The decree of foreclosure ordered, among other things, that the proceeds of the sale be applied to “paying the taxes, penalties and interest thereon due to the county of Leavenworth on and against said tract of land.”
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Error from Leavenworth District|Court. Hon. Robert Crosier, Judge. This was an action to foreclose a real-estate mortgage. Plaintiff in error, Cade, held 'a second mortgage on the land. The decree of foreclosure ordered, among other things, that the proceeds of the sale be applied to “paying the taxes, penalties and interest thereon due to the county of Leavenworth on and against said tract of land.” There were no taxes due to the county, but an outstanding tax-sale certificate was held by an individual. Lysle purchased the land at sheriff’s sale. Jeffers was the owner of the tax-sale…
1Opinion of the CourtWells, J.
The first question for our consideration is whether that part of paragraph 6902, General Statutes of 1889, which provides that “where any real estate shall be sold at judicial sale, or by administrators, executors, guardians or trustees, the court shall order all taxes and penalties thereon against such lands to be discharged out of the proceeds of such sale,” include?!tax-sale certificates held by individuals. We think this question must be answered in the affirmative.
Counsel for plaintiff in error contends that, because paragraph 7003 provides that the mortgagee may pay such taxes or redeem…
2Cases cited3 opinions
- Galbreath v. DroughtSupreme Court of Kansas · 1883
- Kerr v. HoskinsonCourt of Appeals of Kansas · 1896
- Harris v. McCrossenSupreme Court of Kansas · 1884
3Cited by1 opinion
- Pool v. GatesSupreme Court of Kansas · 1925