Kezer v. Clifford
Supreme Court of New Hampshire
Writ of Entry, to foreclose a mortgage upon a tract of land in Wentworth. The defendant mortgaged the premises to the plaintiff by his deed dated September 26, 1870, containing the usual covenants of warranty against all persons claiming under the defendant, to secure a note of the same date for $1500, payable on demand, with interest.
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Writ of Entry, to foreclose a mortgage upon a tract of land in Wentworth. The defendant mortgaged the premises to the plaintiff by his deed dated September 26, 1870, containing the usual covenants of warranty against all persons claiming under the defendant, to secure a note of the same date for $1500, payable on demand, with interest. Plea, the general issue, with a brief statement that the mortgaged premises were legally assessed to the defendant in the year 1874, by the ^assessors of Wentworth; that the defendant neglected and refused to pay the taxes; that because of the non-payment of…
1Opinion of the CourtClabk, J.
The brief statement disclosed no defence, and was properly rejected. Pallet v. Sargent, 36 N. H. 496. Upon the facts proved, the defendant cannot set up the tax title to defeat the plaintiff’s mortgage. The relation of mortgageor and mortgagee is such that a mortgageor in possession cannot acquire, as against the mortgagee, an indefeasible tax title of the mortgaged property. Cooley Taxation 345; Jones on Mort., s. 680. The mortgage contained the usual covenants of warranty, and any tax title subsequently acquired by the mortgageor enured to the mortgagee. Gardiner v. Gerrish, 23 Me. 46;…
2Cases cited4 opinions
- Bush v. Cooper's AdministratorSupreme Court of the United States · 1856
- Reed v. PierceSupreme Judicial Court of Maine · 1853
- Fuller v. HodgdonSupreme Judicial Court of Maine · 1845
- Gardiner v. GerrishSupreme Judicial Court of Maine · 1843
3Cited by2 opinions
- Langley v. BatchelderSupreme Court of New Hampshire · 1899
- Drew v. MorrillSupreme Court of New Hampshire · 1883