Savage, J.
Trespass quare clausum. Prior to July 18, 1895, the plaintiff was tenant at will of the premises. On that day his landlord, the owner, conveyed the same by deed to Mousam Lodge of Odd Fellows. August 19, 1895, the plaintiff paid one month’s *538rent to the trustees of Mousam Lodge. It is unnecessary to inquire what the effect of this payment was, for the Lodge on August 23, following, leased for the term of one year to Zebedee M. Cushman, a portion of the premises conveyed, also the wooden building occupied by the plaintiff, and standing on the remaining portion, and in the lease agreed to remove the building to the land leased, and put it in a condition fit for occupancy as a dwelling-house. The plaintiff had notice of this lease on the same day, and was then notified to remove from the premises. August 28, the plaintiff was forcibly evicted by the defendant and others. The defendant justifies as the. servant of the lodge and of Cushman the lessee.