Local Realty Co. v. Lindquist Et Ux.

LARSON, Justice.

This action presents the question: Is the owner-mortgagor who is in actual possession of real estate from the time of sale under mortgage foreclosure to expiration of the redemption period, — when he does not redeem, — liable to the mortgagee-purchaser at the sale for the rental value of the premises during the redemption period?

This involves a construction of Section 104-87-37, R. S. U. 1933, which reads as follows:

“The purchaser from the time of sale until a redemption, and a re-demptioner from the time of his redemption until (mother redemption, is entitled to receive from…