Page:Federal Reporter, 1st Series, Volume 10.djvu/824

812 FEDERAL REPORTER. �been discovered by the trustees, ■who had been changed from time to time by death, resignation, etc. �The trustees had a committee of investment, and transactions like that with Kimball were usually passed upon by that committee before action of the trustees or the treasurer. This was a general usage of savings banks, and Kimball was acquainted with the usages of those institutions. Kimball believed the copy to be a true one, and took the assignaient upon the strength of it. The committee of invest- ment kept no record. �J. G. Abbott and S. A. B. Abbott, for demandant. �B. F, Butler, for tenant. �LowELL, C. J. This action is brought to try the right of possession to the described parcel of land in Eeading. Under the statutes of Massachusetts (Gen. St. c. 140, ^ 3 et seq.) a mortgagee may have this action against the mortgagor, after condition broken, for posses- sion of the premises, and either party maj' require that a conditional judgment shall be entered ascertaining the amount of the debt and awarding possession to the demandant unless the tenant shall pay the amount so ascertained within two months. There is no order to pay the money, and if it is not paid there can be no execution to recover it, but a writ of possession issues, and the tenant bas three years from the execution of this writ within whieh to redeem the premises. This action is a substituts for an entry upon the land for the purposes of foreclosure, plus a judicial determination of the right of entry. If it were a substitute for a bill in equity to foreclose, it is doubtful whether this court could entertain it, beeause our equitable jurJsdiction is independent of any remedies given by the states in the nature of actions at common law for entorcing equitable rights. This is an action to try the right of possession; and if any part of the statute is not in force here it is merely that which gives the tenant an equitable stay for two months on certain terms. The tenant him- self bas moved for that stay in this case if the title should be found a;^ainst him, and cannot well complain if it should be ultra vires. �Kimball, as a purchaser in good faith without notice, obtained a title by estoppel against the savings bank by virtue of the certificate of its recording ofScer that a certain vote was found upon its records. I can take judicial notice that such a certificate is the ordinary proof of authority given and received when land is conveyed by corpora- tions. It is, therefore, within the usual power and duty of a record- ing officer to make such a paper. ��� �