Opinion
Decided May 5, 1914.
WRIT OF ENTRY, to foreclose a mortgage. The defendant pleaded nul disseizin with a brief statement of defence and filed a further answer in the nature of a bill in equity, joining Wentworth Co. and Charles S. Wentworth, a non-resident, as defendants, and alleging in substance that the latter is the real owner of the mortgage and that as to him he has a valid defence to the action at law. An order for personal notice issued and was served on Wentworth outside the state, whereupon he appeared specially and moved that as to him the bill be dismissed. The motion was allowed, and the defendant excepted. Transferred from the April term, 1913, of the superior court by Plummer, J.
Alvin F. Wentworth and Niles Upton (Mr. Upton orally), for the plaintiffs.
Martin Howe (Mr. Howe orally), for the defendant.
Although the court has not acquired jurisdiction of Wentworth so that any decree it may make will bind him personally, it has acquired jurisdiction of him in so far as the locus is concerned; in other words, the decree in this action will be in personam in so far as it relates to the defendant and Wentworth Co., but in rem in so far as Wentworth is concerned, unless he appears generally. In that case it will be in personam as to all the parties.
Exception sustained.
PLUMMER, J. did not sit: the others concurred.