E. Rutherford Sav. L. B. v. Pacifico

In this suit to foreclose a mortgage, defendant Saturnino Pacifico claims to be entitled to a lien paramount to complainant's mortgage by reason of his ownership of a tax sale certificate.

The facts involved are stipulated and the relevant ones are as follows:

The mortgagor, Martone, died in 1927 and defendant Pacifico was appointed his administrator.

In February, 1929, premises were sold for unpaid taxes and were bought by the defendant Pacifico, individually, who became and has been the owner of the certificate of tax sale.

In July, 1929, under an order of the Orphans Court permitting the sale,…