Barry v. Dudley

The plaintiff, the assignee of a mortgage given by the defendant, on April 13, 1932, made an entry *259on the premises for the purpose of foreclosing the mortgage, sold the premises to herself at a foreclosure sale under the power in the mortgage, and gave to herself a foreclosure deed which was duly recorded. The regularity of these proceedings is not challenged. On April 27, 1932, she brought this writ of summary process under G. L. (Ter. Ed.) c. 239, § 1, to obtain possession of the premises, which have been in the possession of the defendant mortgagor ever since the mortgage was given on…