Day v. Ostergard

Opinion by

Hirt, J.,

This appeal arises from a controversy as to the right of possession of certain seated lands in the Borough of Youngsville in Warren County. Defendants claim the right as purchasers at a tax sale; plaintiff asserts that, as mortgagee of a former owner, he is entitled to exclusive possession and to the rents and profits as incidents thereof.

The facts are not in dispute. Plaintiff is the holder as mortgagee of a first mortgage given by an owner of the land in 1919. There was a default in the payment of interest in 1924, and thereafter the mortgagor, while still the owner,…