8 Kan. 210 | Kan. | 1871
The opinion of the court was delivered by
The plaintiff in error brought his action on a note and mortgage. The mortgage contained this clause: “ The mortgage to one Steele, and all other incumbrances, if any, on said land are to be fully paid and removed from said land by said E. Stewart, his heirs or assigns, before any further payments are to be made on this note and mortgage.”
The only question for decision was whether there was any incumbrance on the land. The taxes for 1862 were all paid except twenty-five cents road tax. The defendants having shown that fact, rested; and the court decided that the same was an incumbrance, and decided that no right of action had accrued. Unpaid taxes levied on land are an incumbrance on the land. Long v. Moler, 5 Ohio St., 271; Mitchell v. Pillsbury, 5 Wis., 407; Hutchings v. Moody, 30 Vt., 655.