Luther P. Stephens Investment Co. v. Berry Schools

Duckworth, Justice.

The plaintiff in error contends that by reason of the terms of the security deed, and the fact that the defendant received the rents from the property, the defendant was a “mortgagee in possession” of the property described in the security deed, and that the auditor erred in not so finding. The security deed contained, among others, the following provisions: “The said party of the first part further covenants that the relation with the said party of the second part, during the terms of this instrument, shall be that of tenant under the said party of the second part; and in…