Drury v. Morse

This is a writ of entry, in which the demandant declares on his seisin in fee and mortgage; and the case comes before us upon an agreed statement of facts. The tenant claims title as the assignee of a second mortgage, and asks for the entry of a conditional judgment, which is resisted by the demandant, on the ground that the tenant has no valid title under that assignment.

The facts are, that Walcott, a third mortgagee, being in possession, Mrs. Walton, the second mortgagee, brought an action to foreclose her mortgage, and recovered a conditional judgment, upon which a writ of possession…