Horace Gray

“ When the mortgagor remains in possession with the assent of the mortgagee, without formal agreement, no one would think of saying that there was a lease from the mortgagee to the mortgagor, or that the relation of landlord and tenant existed between them. An express stipulation in the mortgage, that the mortgagor may remain in possession until breach of condition, is intended merely to put in definite and binding form the understanding of the parties as to the exercise of their rights as mortgagor and mortgagee, and not to create between them a distinct relation of tenant and landlord. ”

“ Lord Mansfield said: 'A mortgagor is not properly tenant at will to the mortgagee, for he is not to pay him rent. He is only so quodam modo. Nothing is more apt to confound than a simile. When the court or counsel call a mortgagor a 'tenant at will,' it is barely a comparison. He is like a tenant at will. The mortgagor receives the rent, by a tacit agreement with the mortgagee, but the mortgagee may put an end to this agreement when he pleases.' 1 Doug. ”

“ The statute of Massachusetts and the act of congress resemble each other in many other respects. Each authorizes 'the person entitled to the premises' to recover possession by complaint to a justice of the peace. Each authorizes the complaint to be in general terms,-in Massachusetts, alleging that the defendant is in possession of the land, and holds it unlawfully, and against the right of the plaintiff; in the District of Columbia, 'charging a forcible entry or detainer of real estate.' Each requires the summons to be served seven days before appearance. ”