McGillicuddy v. Devlin

There is no dispute that the defendants, husband and wife, owners as tenants by entirety in real estate, mortgaged that real estate to the plaintiff; that they defaulted in payment; and that after a foreclosure sale at which the plaintiff purchased and under which she later received a deed of the property, they retained possession of part at least of the real estate. The plaintiff brought a proceeding under G. L. c. 239, § 1, to recover possession. At the trial in the Superior Court, on appeal from a judgment in the District Court for the plaintiff for possession, the trial judge refused to…