Judgment affirmed, without costs.
As a tenant in common in possession, it was appellant's duty to pay the taxes. (Stevens v. Melcher, 152 N.Y. 551, 565.) Where a tenant in common in possession defaults in the payment of taxes, suffers the land to be sold for those taxes, and becomes the purchaser at the tax sale, he cannot hold the land for his exclusive benefit, but holds the title for the common benefit. (Burhans v. Van Zandt, 7 N.Y. 523.) The effect...
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