64 Minn. 273 | Minn. | 1896
In February, 1889, the defendants McKenzie, as security for the payment of $1,200 and interest, executed to
In this suit to foreclose plaintiff’s mortgage, the defendants Lynott and Ballard insist that it is no longer a lien on the premises, having been extinguished by the tax title. Ballard’s rights as mortgagee are, of course, dependent upon Lynott’s title; and the question is whether, under the circumstances, Lynott was in a position to acquire a tax title, so as to defeat plaintiff’s mortgage.
There are certain classes of persons, who, from their connection with the title to real estate, or in consequence of their relations to others having an interest in the property, are disqualified from purchasing the land at a tax sale. This rests, not on anything peculiar to the law of tax sales, but upon certain broad and general principles of equity, the fundamental one being that a person will not be permitted to acquire any right founded on his own default
Whether there are any circumstances under which the mortgagor can acquire a tax title, as against his mortgagee, it is not now necessary to consider, but it is elementary that he cannot acquire or build up a tax title upon a default in or breach of the conditions or covenants of his own mortgage. Allison v. Armstrong, 28 Minn. 276, 9 N. W. 806. Hence the McKenzies, who covenanted to pay the taxes, could not themselves have acquired a tax title, so as to defeat plaintiff’s mortgage. It is equally well' settled that, where the mortgagor cannot do so, no one claiming under him can do it. His grantee will stand in no better position than the mortgagor himself. MacEwen v. Beard, 58 Minn. 176, 59 N. W. 942. The fact that he may not have expressly covenanted to pay the taxes, and may not be personally liable for their payment, would make no difference.
Defendants’ counsel concede that, if Lynott’s tax title had had its inception after he purchased from the mortgagors, the case last cited would be decisive of the present: but they seek to distin
Whether, in view of the fact that he acquired the tax certificate before he owed any such duty, equity would not keep it alive as a lien, superior to plaintiff’s mortgage, for the amount required to redeem the land from the tax sale, is a question which has not been raised or discussed, and which we therefore do not consider. But, after defendants’ purchase from the mortgagors, he could acquire no new or additional rights, as against the plaintiff.
Judgment affirmed.