Burt

This is an appeal from a judgment for plaintiff on the pleadings, which were verified. The complaint alleges that on the twenty-first day of August, 1895, one Soule was the owner of the premises described in the complaint, and that plaintiff had commenced a suit for the foreclosure of a mortgage thereon; that it was understood and agreed, between plaintiff and Soule, that, in case of sale *919 by virtue of the foreclosure proceedings, the plaintiff would purchase the premises; that defendant was anxious to obtain a lease of the said premises, and a written agreement was entered into, by the terms of which the defendant rented the premises at the monthly rental of $35 from the first day of September, 1895, the rent, after foreclosure sale, to be paid, one-half to Soule and one-half to plaintiff, until the period' allowed by law for the redemption of the premises should expire, and thereafter the whole to be paid to plaintiff ; that defendant entered into possession of said premises, under the lease, on the twenty-first day of August, 1895, and continued in- possession thereof under said lease until the last day of December, 1897; that the premises were sold under the decree of…