Lehnert v. Newark Realty Co.

Reno, P. J.,

The mortgage contained, inter alia, the usual insurance clause and “for the production [to the mortgagee] on or before the first day of August of each and every year, all receipts for all taxes of the current year assessed upon the mortgaged premises.”

■ Execution was issued upon the bond accompanying the mortgage and the condition alleged to have been broken was the failure to pay taxes in 1928 and 1929. Various reasons for opening the judgment have been alleged, but the sole question raised by the depositions relates to the payment of the taxes.

It is quite clear that as to the…