Farmer v. Ward

Stjívgnson, Y. C.

My conclusions in the above-stated cause may be briefly stated as follows:

1. I think that the Martin act impliedly excludes the mortgagee from becoming a purchaser so as to be able to cut off the equity of redemption by notice. Under what I think is a well-settled rule, the mortgagee prior to sale may pay the taxes which the owner of the equity of redemption was primarily liable to pay, and thereby acquire by a species of subrogation a lien for the amount so paid, which, in respect of priority, occupies the same position as the tax lien. Manning v. Tuthill, 30 N. J. Eq. (3…