Smith v. Wetherell

I. The property was leased by the plaintiff and was subject to a mortgage. During the term of the lease the lessor lost all title to the property through a foreclosure sale under the mortgage. Prior to the sale the lessor assigned his rights and interest in the lease to a third party as security for a debt. At the time of the sale the debt remained unpaid. All rent up to the time of the assignment was paid. The mortgagee bought the property at the foreclosure sale, and immediately afterwards made an agreement of sale with one of the lessees.

Under these facts the plaintiff’s claim for rent is…