McKendall Land Co., Inc. v. Tudor Arms, Inc.

This is an action of trespass and ejectment brought by plaintiff, mortgagee, against the defendant, mortgagor, for possession of an apartment house in the city of Cranston. The case was heard by a justice of the Superior Court without the intervention of a jury on an appeal from the district court and the decision was for the plaintiff for possession. The case is here on defendant’s exception to said decision.

The defendant introduced no evidence at the trial and the facts are not in dispute. Under the provisions of the mortgage nonpayment of interest and nonpayment of taxes constitute…