The defendant" in this case was the former owner of certain land subject to a mortgage. The mortgage was foreclosed with his knowledge. He remained in occupation of the land, and, without any contract or consent on the part of the owner, put up a house and part of a barn upon it. The female
When the buildings were attached to the realty, they became part of it, and the defendant does not bring himself within the rules that authorize a severance, even as against the owners at that time. Sudbury Parish v. Jones, 8 Cush. 184, 190. Oakman v. Dorchester Ins. Co. 98 Mass. 57. Madigan v. McCarthy, 108 Mass. 376, 377. The plaintiff seems to have the additional circumstance in her favor, that she is a purchaser without notice. Gibbs v. Estey, 15 Gray, 587. Madigan v. McCarthy, ubi supra. At all events, she has a perfect title; and no reason is disclosed why equity should not protect her from irreparable damage.
Decree for the plaintiffs.