Kllm

RUGG, Chief Justice. This is a writ of entry. The facts are that the tenant gave a power of sale mortgage on the demanded premises in 1927, was adjudicated a bankrupt on January 12, 1932, and a trustee of his estate was appointed on February 3, 1932. The mortgagee, for breach of condition of the mortgage, on March 30, 1932, made entry on the mortgaged premises and made and caused to be recorded certificate of such entry, and also exercised the power of sale pursuant to the terms of the mortgage and sold the premises at auction on April 20, 1932, and deed thereof was duly recorded. The purchaser at the foreclosure sale deeded the premises to the demandant. The mortgagee knew when it exercised its power of sale that the tenant had been adjudicated a bankrupt and a trustee appointed, and did not prior to the foreclosure obtain permission from the referee in bankruptcy or from the United States District Court for the foreclosure of the mortgage. The point to be decided is whether without such permission the foreclosure was valid. No question is raised as to the regularity of the foreclosure except in this one particular.