Bonner v. Lockhart

BOULDIN, Justice.

A sale of the mortgagor’s equity of redemption in real estate under execution passes all the title of the mortgagor, and the purchaser is subrogated to all the rights of the mortgagor. Code, § 7806.

This carries the right to remove the mortgage incumbrance by payment of the mortgage debt. The sum so paid becomes a lawful charge when the mortgagor, defendant in the judgment, comes to exercise the statutory right of redemption from the purchaser at execution sale.

If, instead of paying the mortgage debt, thus divesting the mortgagee of his legal title under the statute, the…