Jones v. Black

Dissenting opinion by

Burwell, J.:

The majority opinion in this case is placed upon the ground that a mortgagee has a lawful right, in the absence of an agreement to pay the taxes, to purchase the land covered by his mortgage at tax sale, and acquire a tax title as against the mortgagor. The opinion is based upon authorities from Kansas, Wisconsin, Alabama, New York and Michigan. We will first consider the case of Reimer et al. v. Newell, (Mich.) 49 N. W. 865, which is cited in support of the majority opinion. In that case the mortgagee had died and Newell became the administratpr of the estate…