Page:Federal Reporter, 1st Series, Volume 10.djvu/822

 810 FEDEEAL REPORTER. �Bhal to deliver the priaoner to the jailer of the county of residence, and if bail is not given before the ensuing trial term of the court, then he shall take the prisoner and deliver him to the jailer of the county in which such court is held. I think the iirst temporary com- mitment is allowable, as it is for the benefit of the prisoner, and in no way savors of oppression. Such a mittimus will afford authority and protection to the marshal in transporting to the place of trial. �As the marshal in this case followed the uniform practice of state sheriffs in transporting prisoners, I think his action is not censur- able. �I have directed the clerk of this court to enter of record an order requiring the jailer of this county to keep the prisoners in his jail until they are discharged according to law. ���Whiting V. Wellington. (dreuit Uourt, D. Massachusetts. January 31, 1882.) �1. Real Action pob Possession of Land. �An action, brought to try the right of possession to a parcel of land under the statuteof Massachusetts, (Qen. St. e.l40, ^ 3,)byamortgiigeeagainstamortgagor after condition brolsen, for possession of tlic premises, where either party may require that a conditional judgment be entered ascertaining the amount of the debt, and awarding possession to the demandant, unless the tenant shail pay the amount so ascertained within two months, is a substitute for an entry upon the land for the purposes of foreclosuie, plus a judicial determination of the right of entry. �2. Same — Assignee — Jukisdiction. �The circuit court has jurisdiction in a real action for the possession of land brought by an assignee of the note and mortgage. �3. Corporations — Authority op Ofpiobrs. �Where the treasurer of a savings bank, having the authority to do so, exe- cuted an assignment of a mortgage in the name of the bank in due form, and indorsed the note to a bona fide purohaser, the title passes, notwithstanding he perpetrated a fraud upon the bank, and convertcd to his own use the purchase money. �4. Same — Estoppel in Pais. �A corporation is estopped to prove, as against bona fide purchasers, either irregularity or fraud upon tho part of its officers when acting within their authority. �Eeal action to recover certain lands in Eeading, Massachusetts, tried upon agreed facts. The tenant, Wellington, being seized in fee of the demanded premises mortgaged them in 1874 to the Eeading ��� �