Drew v. Morrill
Supreme Court of New Hampshire
Trespass, qu. cl., for breaking and entering upon a tract of land in Concord. The plaintiff’s title was derived from a sale of the land for the taxes for the year 1876, assessed thereon against her husband, who was then in possession of the premises under a deed from the defendant to him dated July 10, 1873. The entry of the defendant complained of was under a mortgage of the same date from the plaintiff’s husband given to secure the purchase-money for the premises.
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Trespass, qu. cl., for breaking and entering upon a tract of land in Concord. The plaintiff’s title was derived from a sale of the land for the taxes for the year 1876, assessed thereon against her husband, who was then in possession of the premises under a deed from the defendant to him dated July 10, 1873. The entry of the defendant complained of was under a mortgage of the same date from the plaintiff’s husband given to secure the purchase-money for the premises. The court found that the land was conveyed to and the tax deed taken by the plaintiff, at the request of her husband, and held…
1Opinion of the CourtClark, J.
It is the duty of a mortgagor remaining in possession of the land to pay the taxes assessed upon it; and a purchase made by one whose duty it was to pay the tax operates as payment only, and confers no title as against the party to whom he owed the duty of payment. By the purchase of the tax title at the request and for the benefit of her husband, the mortgagor, the plaintiff acquired'no title as against the defendant, the mortgagee. Kezer v. Clifford, 59 N. H. 208.
Exceptions overruled.
Allen, J., did not sit; the others concurred.
2Cases cited1 opinion
- Kezer v. CliffordSupreme Court of New Hampshire · 1879