Palmer v. Fowley

This is a bill in equity for the redemption of a mortgaged estate. Michael Fowley, having a second mortgage upon the premises sought to be redeemed, made an entry under the provisions of the Rev. Sts. c. 107, § 2, for breach of the condition of the mortgage, and for the purpose of foreclosure. The entry was duly made and recorded, and the second mortgagee received for a time the rents from the tenants. The plaintiff, having the first mortgage, soon after made an entry upon the premises *546for breach of the condition and for foreclosure of the first mortgage. After his entry, the plaintiff…