61 N.H. 27 | N.H. | 1881
The building erected by Sweeney became a part of the realty. Bean v. Brackett,
The mortgage being valid, it follows that the levy was subordinate to it; and as the mortgagee was in possession of the premises when the levy thereon was made, and had been long prior thereto, it is obvious that the levy gave the plaintiffs no right to the rents thereof as against the mortgagee.
If this be so, it is of course unnecessary to consider the validity of the assignment of the lease, or its competency as evidence.
Judgment for the defendant.
STANLEY, J., did not sit; the others concurred.