
    Mutual Life Insurance Company of New York, Resp’t, v. Darius C. Newell et al., App’lts.
    
      (Supreme Court, General Term, Second Department,
    
    
      Filed May, 14, 1894.)
    
    Mortgages—Taxes.
    The right of the mortgagee to protect his interest by payment of taxes is not affected by the merger of the bond and mortgage in a judgment of foreclosure.
    Appeal from an order amending the judgment of foreclosure ao as to include taxes paid by plaintiff after the judgment was entered. c
    
      R. E. & A. J. Prime & Burns, for app’lt Albert 0.. Benedict; Miller & Wells {James A. Briggs, of counsel), for resp’t.
   Pratt, J.

The right' of the mortgagee to protect his interest by payment of taxes, which become a superior lien, depends not upon the covenants in the bond or mortgage, but upon the general principles of equity. It follows that the merger of the bond and mortgage in the judgment has no effect upon the right The general powers of the court are ample to make such corrections in the judgment as the changed conditions render necessary. We observe that a small amount paid by the mortgagee for insurance against fire was allowed at special term. The order appealed from should be modified by striking out the sum allowed for insurance, and, as thus modified, affirmed, with costs.  