Hirsch v. Northwestern Mutual Life Ins. Co.

1. The holder of a junior security deed is entitled to avail himself of the principle ruled in Polhill v. Brown, 84 Ga. 338 (10 S.E. 921), and cases following it, to the effect that although the vendee of land conveyed as security may be admitted into possession, yet he will hold it as security for the debt, and is accountable for the rents and profits received by him, and when these amount to enough to discharge the debt his right to the possession ceases. The record before us does not present the question whether the principle is applicable to a situation where the physical condition of the…