Rowlee v. Durfey

For himself and his successors in office plaintiff, overseer of the poor, has taken an assignment of the interest of the vendors in a land contract, and a deed of the premises, subject to the contract, to reimburse his town for expense incurred for the support and maintenance of the assignors, “ now, heretofore or hereafter,” and, alleging past due and unpaid installments, he has brought this action to foreclose. Defendants, vendees, resist the suit and assert, first, that plaintiff had no power or authority to take the assignment or deed; second, that they are not in default; and third, that…