¶1The defendant being in possession of the property according to the terms of the mortgage executed to him by the plaintiff, the court will not assist the plaintiff to re*211cover the property upon the ground that the consideration of the mortgage was illegal. King v. Green, 6 Allen, 139. Harris v. Woodruff, ante, 205. Exceptions overruled.
124 Mass. 210
Dougherty v. Bonavia
Massachusetts Supreme Judicial Court
Decided March 7, 1878
Massachusetts Supreme Judicial Court · decided 1878-03-07
Replevin of household furniture. At the trial in the Superior Court, without a jury, before Pitman, J., the defendant introduced evidence tending to show that the plaintiff had executed to him a mortgage of .the property replevied to secure the payment of the rent of certain premises leased by him to her; that she occupied the premises, but failed to pay the rent according to the conditions contained in the mortgage, and for such default on her part he took possession under…
Decided 1878-03-07