Paetz v. McKay

The plaintiff contends that the court erred in holding that Kenney is entitled to a lien prior to the lien of the mortgage, for the reasons that the tax certificates were bid in at the tax sales by McKay, the owner of the premises and the mortgagor, and that Kenney as assignee of the tax certificates occupies no better position ■ than McKay would occupy were he the holder of said certificates.

If the court had found that McKay had purchased the certificates and assigned them to Kenney the plaintiff’s contention would be absolutely sound. It is well settled that one who owes a legal or…