49 Vt. 11 | Vt. | 1876
The opinion of the court was delivered by
The plaintiff claimed to recover upon the ground that the entry of the defendant upon the premises described in his declaration was unlawful. The defendant was mortgagee of the premises, and the plaintiff was in possession as mortgagor, or claiming under the mortgagor after condition broken. The right of the mortgagee to peaceably enter upon, and take possession of, the premises mortgaged, after condition broken, has long been recognized in this state. Wilson v. Hooper & Downer, 13 Vt. 653 ; Lynde v. Matthews, 19 Vt. 322. The court have found
Judgment affirmed.