Ivanhoe v. City Real Estate Co.

At an auction sale of premises then owned by defendant plaintiff’s assignor on or about October 21, 1921, purchased certain premises described in the terms of sale under a contract by which the deed was to be delivered on November twenty-first. In the terms of sale are the following provisions:

“ Third. All taxes, assessments and water rents which, at the time of sale, are liens upon the property will be allowed out of the purchase money provided the purchaser shall, previous to the delivery of the deed, produce proof of such liens and duplicate receipts for the payment thereof, and the…