¶1By the facts stated in this case, it appears that at the date of the demandants’ writ, the tenants were occupying the premises, as tenants of two mortgagees, who had taken possession of the estate for condition broken, under two mortgages, prior in date to that under which the demand-ants claim in their writ. The tenants were therefore in, under a title paramount to that of the demandants; and the latter, when they commenced their action, and since, to the present time, have had no right to recover possession of the premises, as against the tenants. Judgment for the tenants.
64 Mass. 185
Batcheller v. Pratt
Massachusetts Supreme Judicial Court
Decided October 15, 1852
Massachusetts Supreme Judicial Court · decided 1852-10-15
Writ of entry on a mortgage of land described in the writ. The tenants were in possession of the premises under prior mortgagees of the same premises, from the same mortgagor. Possession had been taken on the prior mortgages, in March and April, 1849, for breach of condition, and the tenants paid rent to said prior mortgagees. The demandants never had been in possession.
Decided 1852-10-15