Mason

Title in tbis case rests on a foreclosure of mortgage by entry, made in 1901 by an agent of tbe mortgagee acting under a power of attorney tberefor. Tbe certificate of entry recorded in tbe registry of deeds under tbe provisions of Public Statutes Chap. 181, Sec. 2, was sworn to by tbe witnesses before tbe same person acting as a magistrate wbo bad just previously made tbe entry in question as attorney for tbe mortgagee.

That sucb a certificate cannot be sworn to before tbe mortgagee bimself is well established. Judd v. Tryon, 131 Mass. 345. It is' contended by tbe petitioner, however, that…