
    HART’S LESSEE v. BLACKINGTON.
    Foreclosed mortgage — ejectment against a sub-purchaser — occupying claimant law.
    Where a purchaser of real estate gives a mortgage for the purchase money which is foreclosed, the mortgagee may recover in ejectment against one claiming to have purchased of the mortgagor.
    The sub-phrchaser in such case having no deed, is not entitled to pay for his improvements under the occupying claimant laws.
    Ejectment. In November, 1814, Hart conveyed to J. .and S. Wright, the township of land now called Say brook, including the-land in question, and took a mortgage for the payment of the purchase money. The money being unpaid, Hart proceeded upon the mortgage, and obtained a decree for a release of all Wright’s interest. The defendant claims to have entered under Wright, but has no deed. He demands pay for his improvements, under the statute-for the relief of occupying claimants.
    
      Griswold for the plaintiff.
    
      Giddings and P. Hitchcock for the defendant.
   BY THE COURT.

The judgment must be for the plaintiff; be has the legal title, and right to possession. The motion for improvements is not allowed; the defendant is not in possession under a deed, in pursuance of the provisions of the statute.  