Wayne Investment Corp. v. Abbott

The plaintiff mortgagee prevailed in the District Court, and, on appeal by the defendant mortgagors, in the Superior Court, in summary process to obtain possession of premises purchased by the plaintiff at a foreclosure sale. All of the defendants’ exceptions concern the judge’s rulings that the issue of the plaintiff’s want of good faith when it took title at the foreclosure sale is not relevant in summary process. The judge was right. The purpose of summary process is to enable the holder of the legal title to gain possession of premises wrongfully withheld. Right to possession must be…