Union Central Life Insurance v. Fischer

This cause, which is before us on the complaint, the answer and the decree, presents only one question: "Where real property is sold on foreclosure of a mortgage and the mortgagee waives the right of recovery on the mortgage notes, is the mortgagor, who claims the property as a homestead, entitled to possession thereof during the redemption period?

The facts are summarized as follows: On December 1, 1927, Homer E. Grove, Zelda E. Grove and Frank L. Fischer and wife executed to plaintiff a mortgage on certain real property in the city of Vancouver to secure their twenty-six promissory notes for…