Tiger v. Sellers

I find myself unable to agree with the majority.

Under the strict rule, one may become a mortgagee in possession only when he takes possession either under the terms of the mortgage or with the consent of the mortgagor, either express or implied. Under' the more liberal rule, it is sufficient if possession is acquired peaceably and legally. The basis of the more liberal rule is the application of sound equitable principles and considerations. In Stouffer v. Harlan, 68 Kan. 135, 74 P. 610, 613, 614, 64 L.R.A. 320, 104 Am.St.Rep. 396, the Kansas Supreme Court said:

“We conclude that the true rule…