177 Ky. 696 | Ky. Ct. App. | 1917
Opinion op the Court by
— Affirming on both original and cross ap- • peals.
The facts are as follows: Plaintiff lives in Indianapolis, Indiana. The state and county taxes on the property in question were not paid for the year 1912. The property was sold by the sheriff and Wilkerson became the purchaser. Some time later plaintiff came to Bowling Green, and Wilkerson suggested that she ought to have somebody to take care of the property. Subsequently plaintiff wrote Wilkerson a letter asking him to take charge of the property. To this Wilkerson assented and assured plaintiff that he would do the best he could for her. Wilkerson proceeded to collect the rents and have certain repairs made on the property. After paying for the repairs he remitted the balance to plaintiff. Though acting as her agent in this respect, he never notified plaintiff of the tax sale. During his agency he had in his hands sufficient money to pay the taxes, interest, penalties, etc., for which the property was sold. After the time for redemption had expired, the sheriff made him a deed to the property. He then notified plaintiff of his purchase. This was the first intimation plaintiff had of the tax sale.
It is argued for Wilkerson that he was a mere col- • lector of rents and no such relation of trust and confidence existed between him and the plaintiff as would prevent him from taking a deed to the property which he purchased at the tax sale before his agency began. This contention cannot be sustained. Not' only his account of the transaction, but the correspondence that passed between him and plaintiff shows that plaintiff trusted him with the absolute management of her property,. and that he assured plaintiff that he would do the best he could for her. Though leading her to believe that he was looking after her interests, he concealed from plaintiff the fact that he had already purchased the property at the tax sale and had in his possession'the certificate of sale. Though he collected more than enough to discharge the tax lien, he remitted the rents to plaintiff
But it is suggested that Wilkerson should have been given a lien for the taxes paid and improvements made. In view of the uncertainty of the evidence as to the amount of the taxes and the sums paid for improvements, we conclude that these items were fully covered by the rents accruing after he took possession under his tax deed.
■ It is insisted on the cross-appeal that the case should have been referred to the master for an accounting of rents. Since Wilkerson testified that after making certain repairs he remitted to plaintiff all the rents collected and there is no substantial evidence to the contrary, we are of the opinion that the court did not err in refusing the reference.
Judgment affirmed on both the original and cross appeals.