Page:Federal Reporter, 1st Series, Volume 2.djvu/512

 SHEBMAN ÎJ. SAVERÏ. ^05 �Bhebman, Assignee, etc., v. Savert and otliers. �(District Court, D. lowa. Mnrch, 1880.) �Vendob and Vendee — Vbndbe'b Right to Poskbssion oi" Lantj. — Wiiere landis vacant, and a contract for its transfer is silent as to pos- Bession, and the rendce lias fully performed on his part, and it only remains for the vendorto make thenecessary conveyance, his rights are flxed, and there is an implied agreement or licenae that the vendee mar at once take possession and have the use of the land. �Same— LiABiUTY OF Vbndbb FOR TAXES. — A Vendee in such case should pay his proportion of taxes thereafter assessed upon such land, and it is no defence against such obligation that the vendor refused to convey to him, but conveyed to another against whom a decree for specifie per-, formance has since been entered. �Bamb— Same— VoLuHTART Patment op Taxes by Trustee. — Where lands which a vendee was entitled to have conveyed to him, were trans- lerred by the vendor to another, who was eubsequently held to be truste? for such vendee, and decreed to convey to him, UM, that taxes paid by such trustee to protect the title subsequently conveyed to vendee wasnot a voluniary payment, and he was entitled to reimbursement therefor although the decree of the state court under which such conveyance was made ordered a conveyance " free f rom encumbrances executed or suf- fered." �Nelson, D. J. The present suit is brought by the com^ plainant for a partition of real estate described in the bill of complaint. Cross-bills are filed by some of the defendants; one by Taylor, who claims contribution for taxes paid by him upon the entire property, most of it pending a suit to enforce the specifie performance of a contract for the sale of an undi- vided one-half of the lands. �The only question in controversy arises upon the claim of Taylor as set out in his cross-bill. The facts are these : On May 16, 1S63, the following contract was entered into be- tween P. C. D. McKay, of Des Moines, and the çounty of Cerro Gordo, in the state of lowa: �"Agreement made the sixteenth day of May, A. D. 1863, between the county of Cerro Gordo, state of lowa, of the first part, and F. C. D. McDay, of Des Moines, in said state, of the second part, witnesseth : Whereas, the said county has expended large sums of monej in attempting to aoqnire title ����