City Safe Deposit & Agency Co. v. City of Omaha

Calkins, C.

In January, 1896, one Phoebe Linton, being the owner of certain lots in the city of Omaha, executed a mortgage thereon to one John Morris. In May, 1898, Morris began an action to foreclose this mortgage. The defendant answered, attacking the validity of the mortgage, but the action resulted in a decree in favor of Morris, which was entered April 19, 1904. The taxes on the mortgaged premises being unpaid, Morris caused the same to be pur*447chased at tax sale in December, 1898, by the plaintiff, in whose name the certificate of sale was made and subse-. quent taxes paid. In 1899 the…