Bragdon v. Hatch
Bragdon v. Hatch
Opinion of the Court
A mortgagee’s title will not support a complaint for forcible entry and detainer against the mortgagor, or those
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 Sanford Weekly News, published weekly in Sanford, in said county ; but he does not say that the Weekly News was printed in Sanford, or within the county. In Blake v. Dennett, 49 Maine, 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, (B. S., c. 90, § 5, clause 2,) makes the certificate of the register of deeds prima facie evidence of the publication of a notice of foreclosure ; but there is no statute or rule of evidence that makes the certificate of the mortgagee evidence of the fact; and we think it is not competent evidence.
Judgment for defendants.
Reference
- Full Case Name
- George C. Bragdon v. Charles B. Hatch and another
- Cited By
- 3 cases
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- Published