The  court  cannot  release  against  the  provision  that,  by  reason  of
default  in  interest,  the  principal  becomes  due.  Noyes  v.  Clark,  7
Paige,  179 ;  Ferris  v.  Ferris,  28  Barb.  29 ;  Bennett  v.  Stevenson,
53  N.  Y.  508  ;  0' Conor  v.  Shipman,  48  How.  126.  See  Asendorf
V.  Meyer,  8  Daly,  278 ;  Dwight  v.  Wtbster,  32  Earb.  47 ;  Thurston
V.  Marsh,  14  How.  572.  Money  paid  by  the  mortgagee  to  redeem
the  premises  from  a  tax  sale  becomes  part  of  the  mortgage  debt,
wliich  may  be  enforced  by  foreclosure.  Kortioright  v.  Cady,  23
Barb.  490 ;  Brevoort  v.  Randolph,  7  How.  358 ;  Burr  v.  Veeder,  3
Wend.  412 ;  Fagle  Fire  Ins.  Co.  v.  Fell,  2  Edw.  Ch.  631 ;  Siden-
burgh  V.  Fly,  90  N.  Y.  257 ;  below,  11  Abb.  N.  C.  354.  When,,
although,  as  between  the  life  tenant  and  the  remainderman,  it  is  the
duty  of  tlie  former  to  pay  the  taxes,  still  the  equities  between  them


212  Action  to  Foeeclose  a  Mortgage.
cannot  destroy  the  right  of  the  mortgagee  to  paj  taxes  and  add  the
amount  to  the  mortgage.  Rwpelye  v.  Prince,  i  Hill,  119;  Silver
lake  Bank  v.  JVorth,  4  Johns.  Ch.  370 ;  Faure  v.  Winans,  1  Hopk.
283.  If  a  mortgagee  pays  an  assessment  at  any  time  previous  to  the
expii-ation  of  the  time  for  redemption,  he  acquires  a  lien  therefor,
as  against  the  mortgagor.  Brevoort  v.  Randolph,  7  How.  39S.
But  wliere  the  bond  and  mortgage  contain  no  covenant  to  pay  taxes
and  assessments,  the  mortgagor  cannot,  on  foreclosure,  be  held  for  a
deficiency  arising  from  non-payment  of  taxes  and  assessments  accru-
ing after  a  sale  by  him  of  the  premises.  Marshall  v.  Davis,  16
Hun,  606 ;  S.  C,  78  N.  T.  414.
