Kerr v. Hoskinson
Court of Appeals of Kansas
Error from Jewell District Court. Hon. Cyrus Heren, Judge. This was an ordinary action to foreclose a mortgage. The judgment provided that the proceeds of the sale be applied, first, in satisfaction of the costs, second, “to the payment of all taxes and tax liens then due upon said premises,” and the balance to the discharge of the judgment.
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Error from Jewell District Court. Hon. Cyrus Heren, Judge. This was an ordinary action to foreclose a mortgage. The judgment provided that the proceeds of the sale be applied, first, in satisfaction of the costs, second, “to the payment of all taxes and tax liens then due upon said premises,” and the balance to the discharge of the judgment. At the sheriff’s sale of the premises under the judgment, the property was bid in by the plaintiff in error, plaintiff below, for a sum less than the judgment and costs. Thereafter rhe plaintiff filed his motion to confirm the sale and to order the…
1Opinion of the CourtGilkeson, P. J.
The only question presented for our consideration is : Did the court err in refusing to order the sheriff to pay the amount due on the tax-sale certificate out of the proceeds of the sale?
1. Tax nen first satisfied.
Taxes are always a lien upon the real estate upon which they are imposed, and are always prior and paramount to any other lien or incumbrance ; and courts of equity, in the foreclosure of mortgages, always have the power to ascertain what are liens upon the mortgaged property, to determine their priority, and to order that such liens be discharged out of the proceeds of the sale of…
2Cases cited3 opinions
- Brown v. EvansSupreme Court of Kansas · 1875
- Galbreath v. DroughtSupreme Court of Kansas · 1883
- Opdyke v. CrawfordSupreme Court of Kansas · 1878
3Cited by3 opinions
- Bosworth v. AndersonIdaho Supreme Court · 1929
- Pool v. GatesSupreme Court of Kansas · 1925
- Cade v. JeffersCourt of Appeals of Kansas · 1897