Mutual Life Insurance v. Norris

The Vice-Chancellor.

This is a foreclosure suit. No question is raised as to the validity of the complainants’ mortgage; the dispute is confined to the complainants’ right to tack to their mortgage debt a payment made by them in discharge of an assessment imposed upon the mortgaged premises by the municipality within which they are situate.

The mortgage provides that the defendant shall pay all taxes, charges and assessments imposed by law upon the mortgaged premises, as soon as the same become payable, and that,- in case he does not, it shall be lawful for the complainants to pay them and add…