Carly v. Boner

Ames, 0.

The facts in this case are undisputed as they are recited in the brief of counsel for the appellant, Pitman, as follows :

“The Boners, husband and wife, mortgaged the husband’s real estate to Ball to secure their negotiable bond. The mortgage contained covenants in substance to the effect that they would seasonably pay all taxes levied on the land during the existence of the mortgage debt, and, in case of their default, the mortgagee might do so, and tack such payment to the mortgage debt. They neglected to pay any of these taxes, and allowed the mortgaged real estate to go to tax…