
    *Joseph Estabrook versus Jeremiah Moulton.
    An action lies for a mortgagee to recover possession of the mortgaged premises, although the note, to secure the payment of which the mortgage was given, was payable by instalments, all of which have not arrived.
    This was a real action, brought to recover possession of certain premises mortgaged by the tenant to the demandant as collateral security for the payment of a sum of- money by sundry instalments, all of which had not arrived at the commencement of the suit.
    The tenant demurred to the declaration, and the demandant joined in demurrer.
    
      White, for the tenant,
    contended that the action was brought too soon, the whole note, for securing which the mortgage was given, not being due.
   But the Court said there was nothing in the objection, and that it had been repeatedly overruled.

Declaration adjudged good

Proctor for the demandant.  