Gammage v. Silliman

Opinion by

White, P. J.

§ 14. Mortgagee; cannot maintain action of trover, etc., against purchaser of mortgaged property, when. Goods or chattels mortgaged as security for a debt may be levied on and sold under execution, subject to such mortgage. [R. S. art. 2296.] A mortgage is simply a lien incident to the debt intended to be secured ; the legal title remains in the mortgagor until the lien is foreclosed. If the mortgaged property be sold under execution against the mortgagor, when the same is in the possession of the mortgagee, the purchaser would not be entitled to the possession of the…