This section is from the book "The Law Of Real Property and Other Interests In Land", by Herbert Thorn Dike Tiffany. Also available from Amazon: A Treatise on the Modern Law of Real Property and Other Interests in Land .
In Maine, Massachusetts, and New Hampshire, the mortgagee may bring a writ of entry for the purpose of foreclosure. This proceeding, though in form a common-law action, has, when used for the purpose of foreclosure, the general characteristics of an equity proceeding, the amount due being ascertained on equitable principles, and the judgment being that, if this sum is not paid within a certain time, the mortgagee shall be put into possession of the land.80 When so put into possession,
75. Thompson v. Kenyon, 100 Mass. 108; Bennett v. Conant, 10 Cush. (Mass.) 163; Snow v. Pres-sey. 82 Me. 552, 20 Atl. 78; Thompson v. Ela, 58 N. H. 490.
76. Rev. Laws Mass. 1902, c. 187, Sec. 1; Rev. St. Me. 1916 c. 95 Sec. 3; Gen. Laws R. I. 1896, c. 207, Sec. 3; Pub. St. N. H. 1901, c. 139, Sec. 14.
77. Bennett. v. Conant. 10 Cush. (Mass.) 163;Lucier v. Marsales, 133 Mass. 454; Jarvis v. Albro,
67 Me. 310.
78. Stimson's Am. St. Law, Sec. 1921.
79. Hatch v. White 2 Gall. 152. Fed. Cas. 6,209; Morse v. Mer-ritt, 110 Mass. 458: Hunt v. Stiles, 10 N. H. 466; Stevens v. Fellows. 70 N. H. 148, 47 Atl. 135; Flint v. Winter Harbor Land Co., 89 Me 420, 36 Atl. 634: Newall v. Wright. 3 Mass. 138, 3 Am. Rep. 98.
80. Holbrook v. Bliss, 9 Allen (Mass.) 69; Ladi. v. Putnam, 79 the mortgagee is in the position of a mortgagee who has peaceably entered without action, and possession by him for the length of time required in such case, as stated in the preceding section, will give him an indefeasible title.81
In Pennsylvania, foreclosure is by a writ of scire facias, issued twelve months after default, requiring the mortgagor, his heirs or executors, to show cause why the mortgaged land should not be taken in execution for the mortgage, and, on the rendition of judgment in favor of the mortgagee, a writ of levari facias issues, under which the land is sold.82 Foreclosure by scire facias is also allowed by the statutes of two or three other states, but it is not apparently a usual method of procedure.83