Boyle v. Boyle

The principal question in this case is whether a mortgagee of land, after condition broken, can maintain the process of forcible entry and detainer, under the Gen. Sts. e. 137, to obtain possession of the land. The statute provides that “ when a forcible entry is made, or when a peaceable entry is made and the possession unlawfully held by force,” “ the person entitled to the premises may be restored to the possession in the manner hereinafter provided.” It is applicable to two cases: one where the possession of the defendant is obtained by a forcible entry; the other where a peaceable entry…