Den ex dem. Nathan v. Fen

If the lessor of the plaintiff thinks proper, he may bring into court the money due on the mortgage the next term, or in the mean time- discharge the mortgage; ■otherwise, the mortgagees may be admitted to defend.

Rule nisi.

Note. —The counsel in Eairclaim v. Shamtitle, 3 Bur. 1293, said, the landlord claiming to bo admitted to defend, must have actually received rent, “ except in cases of mortgages after forfeiture, and the like,” which doctrine is further stated, p. 1299, Runnington 68, (edit, of 1792) says, generally, “ it should seem that a mortgagee who is out of possession, may be…