PYLE v. ALTSHUL

1. Defendant purchased the premises in question at two separate tax sales; tax sale certificates were then issued to him and he entered into possession. Thereafter he brought suits against the tenant for use and occupation and recovered seven judgments. The owner, an estate, then entered into an agreement to sell the property to defendant for an agreed price, defendant to receive credit for all money due under the tax sales, with interest, penalties, and subsequent taxes and water rents paid by him. At the time of closing title no definite agreement was made touching ownership of the judgments recovered by defendant. Ten years later, upon the judgment debtor's death, defendant asserted ownership of the judgments and pressed for payment out of the debtor's estate and the debtor's interest in the complainant estate. Held, there was, in effect, a redemption of the property from the tax sales by the former owner, by payment to defendant of the full amount due him thereunder, and therefore he is not entitled to hold the judgments as effective in his hands, but should assign them to the estate which sold him the property.

2. A purchaser at a tax sale is entitled to enter into possession and collect rent from the occupant. His rights and liabilities are similar to those of a mortgagee in possession and on redemption from the tax sale he must account to the owner for rent collected. As holder of judgments against the former tenant, defendant stood in the same position as a tax sale purchaser who had collected rent. He should assign these judgments to the former owner of the property, who in effect redeemed and sold it to defendant, since the agreement of sale, the conveyance, and the release of the tenant executed by defendant do not indicate that the intent of the parties to the conveyance was otherwise.

PER CURIAM.

The decree appealed from will be affirmed, for the reasons stated in the opinion filed in the court of chancery by Vice-Chancellor Fielder.

For affirmance — TRENCHARD, CASE, BODINE, DONGES, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, WALKER, JJ. 10.

For reversal — THE CHIEF-JUSTICE, PARKER, HEHER, PERSKIE, PORTER, JJ. 5.