Varnau v. Scanlon

OPINION

By HAMILTON, PJ.

The question here is, who is entitled to collect the rents' for the property under foreclosure? '7

The trial court found for the defendant, the tenant, and error is prosecuted from that judgment. This raises the oft-disputed question of "the right to the rents and profits as between the mortgagee and the mortgagor of real estate. Precedent and cases may be found, some holding the mortgagor is entitled to the rents as long as he is in possession of the property, or that his right to receive the rents terminates upon mortgage conditions broken. There are decisions to the…