David Oil Co. v. Fogle

Opinion by

Mr. Justice Allen M. Stearne,

The question presented by this appeal is: does a mortgagee of unseated lands, out of possession, and under no duty to pay taxes thereon, who purchases the lands at a tax sale, acquire a good title which divests that of the mortgagor? The learned court below answered the question in the negative.

Appellee, owner of two tracts of unseated land, executed and delivered a mortgage on April 16,1937, to the appellant. By the terms of the mortgage, appellee covenanted to pay the taxes, and in default, appellant was authorized to pay such taxes, which should be a…