1. There is no proof whatever that complainant was a mortgagee in possession or that it exercised any control over the management of the premises. Possession was at all times in the owner, who managed the property through and by his agent appointed in writing; accordingly, defendant tenant's answer is sham because it is false in fact.
2. Allegations of fact on information and belief without giving the source of the information and the grounds of the belief, and without the affidavit of any person having actual knowledge of the facts, are not sufficient whether contained in a bill of complaint or affidavits.
3. Hearsay is just as incompetent in affidavits as in oral testimony.
PER CURIAM.
The decree appealed from will be affirmed, for the reasons stated in the opinion filed in the court of chancery by Vice-Chancellor Stein.
For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, CASE, BODINE, DONGES, HEHER, PERSKIE, PORTER, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, WALKER, JJ. 15.
For reversal — None.