125 So. 621 | La. | 1929
The only question in this case is whether a tax sale, under the provisions of Act No. 170 of 1898, of real estate that is subject to a vendor's lien held by a building and loan association, or homestead association, and recorded previous to the assessment of the property for the taxes, conveys the property free from the vendor's lien or subject to it. The district judge decided that the sale of the property for delinquent taxes due to the state did not have the effect of canceling the vendor's lien, recorded previous to the assessment under which the tax sale was made, but merely transferred the property subject to the vendor's lien. The holder of the tax title, Commercial Securities Company, has appealed from the decision.
Section 63 of Act 170 of 1898, p. 376, provides that the record of a tax sale in the conveyance or mortgage office in the parish where the property is situated shall, if the property be not redeemed within a year from the date of filing of the deed for record, "operate as a cancellation of all conventional and judicial mortgages." The statute does not declare that the record of a tax sale shall operate as a cancellation of a vendor's *575
lien, but only conventional and judicial mortgages. The language of the statute, in that respect, is exactly the same that was used in the corresponding section of Act No. 85 of 1888, p. 132. In the case of S.D. Moody Co. v. Sewerage Water Board,
The appellant cites and relies upon certain expressions in Augusti v. Citizens' Bank, 46 La. Ann. 529, 15 So. 74, and Frederick v. Goodbee,
The judgment is affirmed.