267 - Idem.; where recovery is had against trust mortgagee.

§ 267. Idem.; where recovery is had against trust mortgagee.--In every  case  where  recovery  is  had  personally  against a trust mortgagee as  herein provided, and payment of the amount recovered has  been  made  by  such trust mortgagee, or where such trust mortgagee has voluntarily paid  such  tax,  he  shall  be  deemed to have and possess and to have become  subrogated to all the rights and  interests  in  and  to  the  tax  lien  imposed  by  section  two hundred and sixty-five hereof, and may enforce  the repayment of any such sum so paid by him with interest at  the  rate  of  six per centum per annum and for that purpose may maintain an action  in his own name in any court in the state having  jurisdiction,  against  any  person,  association  or corporation liable to pay such tax, or for  the sale of such mortgage and the debt secured  thereby  to  which  such  lien attaches.