Opinion
May, 1935.
Appeal from Albany County.
Present — Hill, P.J., Rhodes, Crapser, Bliss and Heffernan, JJ.
The action is brought to foreclose a mortgage on real property. The answer of the respondent Anna Finkle alleges as a defense and counterclaim that on dates subsequent to the delivery of the bond and mortgage, she became the owner of the said property, by a tax deed from the city of Rensselaer, and that the proceedings relative to the tax sale and deed were due and regular, thereby vesting the fee in respondent to the exclusion of plaintiff and all persons claiming under the defendants Felts, the owners of the property against which the tax was levied and assessed. There is thus raised an issue of fact as to the tax sale and deed, and the effect thereof. Order unanimously affirmed, with ten dollars costs and disbursements.