¶1This bill is brought too late. The entry having been made by the defendant on the 10th of February 1852, the foreclosure became perfect on the 10th of February 1855. The possession taken by the defendant was in conformity with the provisions of the statutes, and there is no evidence from which *100a waiver of his possession could have been inferred. Rev. Sts. c. 107, § 1. Raymond v. Raymond, 7 Cush. 605. Swift v. Mendall, 8 Cush. 357. Bennett v. Conant, 10 Cush. 163. Palmer v. Fowley, 5 Gray, 545. Bill dismissed.
75 Mass. 98
Hobbs v. Fuller
Massachusetts Supreme Judicial Court
Decided September 15, 1857
Massachusetts Supreme Judicial Court · decided 1857-09-15
Bill in equity filed on the 26th of February 1855 to redeem land in Worcester from a mortgage. Hearing before Bigelow, J., who reported to the full court this case: On the 10th of February 1852 the defendant, who was first mortgagee, entered upon the land for breach of condition, and for the purpose of foreclosure; and a certificate by two witnesses of his entry was filed and recorded, as required by Rev. Sts c. 107, § 2.
Decided 1857-09-15