Fisher for Use v. McFarland

Opinion by

Keller, J.,

We are asked in this case to decide whether a mortgagee, under a mortgage which contains no clause conveying the “rents, issues and profits” of the mortgaged premises, may, on default in the payment of interest by the mortgagor, by a notice to and demand upon the tenant, in possession under a lease executed after the mortgage, that future instalments of rent be paid to him, require the tenant to make payment to the mortgagee of rents accruing after such notice and demand.

The question is' an interesting one, and is related to the decisions in Bulger v. Wilderman & Pleet,…