7 Blackf. 1 | Ind. | 1843
— This was an action of ejectment brought by a mortgagee against a mortgagor. Plea, not guilty. The mortgage-deed was dated August the 21st, 1841, and was made to secure the payment of 4,100 dollars in three years from its date. The suit was commenced before default in the payment of the mortgage-money, and the only question in the case is, whether ejectment may be maintained by a mortgagee against a mortgagor before default, where the mortgage-deed is silent as to the possession. The Circuit Court gave judgment for the defendant, and the plaintiff appealed to this Court.
The law, we think, is well settled that the mortgagee, by virtue of his mortgage, becomes the legal owner of the pre
— The judgment is reversed with costs. Cause remanded, &c.
(1) “ No action shall hereafter be maintained, by which a mortgagee, or his assigns, or representatives, shall recover the mortgaged premises, or the possession thereof, unless there be, in addition to the usual covenants, a clause inserted in such mortgage, by which it is specially provided that the mortgagee shall be entitled to the possession of such premises.” R. S. 1843, p. 459.