Judd v. Tryon

This is an action of forcible entry and detainer, under the St. of 1879, c. 237, in order to maintain which the plaintiff must prove that the mortgage from the defendant to him of the lands in question has been foreclosed.

At the trial before the Chief Justice of the Superior Court, the plaintiff, in proof of his entry to foreclose his mortgage, relied on a certificate of two witnesses, sworn to before himself as a justice of the peace, to his open, peaceable and unopposed *346entry on the land in their presence and for the purpose of foreclosure, and recorded in the registry of deeds within…