Burke v. Willard

The defendant on January 7, 1921, was in occupation of the premises described in the record under a lease given by the mortgagor, dated July 1, 1920, for the term of one year. But the second mortgage, held by the plaintiff who had the legal title as between the parties, was paramount to the lease. Ewer v. Hobbs, 5 Met. 1, 3. The entry on January 7, 1921, by the plaintiff for the purpose of foreclosure of the mortgage, followed by notice in writing to the defendant, that he had taken possession, and that if the defendant cared to remain as a tenant he must in the future pay rent to him, which…