Pearmain v. Massachusetts Hospital Life Insurance

The plaintiff held a second, and the defendant insurance company, hereinafter called the defendant, a first mortgage upon certain real estate. The taxes upon the premises for 1904 were overdue and unpaid and the collector of taxes had advertised them for sale therefor in September, 1906, when the defendant gave notice to the plaintiff that, if they were not paid, it would foreclose its mortgage. It has been found as a fact that “ in consequence of the situation disclosed by this notice the plaintiff, as second mortgagee, paid the taxes,” receiving from the tax collector the certificate…