Bragdon v. Hatch

• Decision Date: 06 August 1885
• Citation: 1 A. 140,77 Me. 433
• Parties: BRAGDON v. HATCH.
• Court: Maine Supreme Court

1 A. 140

77 Me. 433

BRAGDON

v. HATCH.

SUPREME COURT OF MAINE.

Filed August 6, 1885.

Nathaniel Hobbs, for plaintiff.

Bourne & Son, for defendant.

WALTON, J. A mortgagee's title will not support a complaint for forcible entry and detainer against the mortgagor, or those claiming under him, unless the mortgage has been foreclosed. Jewett v. Mitchell, 72 Me. 28, and cases there cited.

The evidence of foreclosure in this case is not sufficient. The only evidence of the facts necessary to constitute a foreclosure is a certificate of the mortgagee. He certifies that he published a notice of foreclosure in the Sandford Weekly News, published weekly in Sandford, in said county; but he does not say that the Weekly News was printed in Sandford, or within the county. In Blake v. Dennett, 49 Me. 102, such a certificate was held to be defective; for the statute requires the notice to be published in a newspaper printed in the county; and a newspaper may be published in a county, and yet not be printed there; and when the foreclosure of a mortgage is claimed, a strict compliance with the provisions of the statute must be shown. Besides, we do not think a certificate of the mortgagee is competent evidence. The act of 1849, c. 105, (Rev. St. c....