Roop v. Greenfield

Opinion by

Mr. Justice Jones,

The plaintiff, as mortgagee of certain real estate owned by an insolvent at the time of his death, sought to fasten upon the general residuary devisee under the insolvent’s will personal liability for delinquent taxes which the mortgagee paid in connection with his acquisition of the title to the property through foreclosure some eight years subsequent to the testator’s death.

The question involved concerns the action of the learned court below in discharging the plaintiff’s rule for judgment for want of a sufficient affidavit of defense. The sole inquiry is whether…