Ayer v. Philadelphia & Boston Face Brick Co.

This is a writ of entry to foreclose a mortgage. The case on the agreed facts, so far as it needs to be stated, is this. One Waterman made a first mortgage, and later a second mortgage. The first was foreclosed and the land subsequently *58was reconveyed to him. Then the holder of the second mortgage conveyed to a third person, who conveyed to the demandant. The tenant is a grantee under Waterman. The demandant ai’gues that when the premises came back to Waterman his title inured to the holders of the second mortgage by force of his covenant of warranty therein. Knight v. Thayer, 125 Mass. 25,…