Fidelity & Deposit Co. v. West Blocton Sav. Bank

The facts are fully set out in the opinion of the Court of Appeals per Rice, J.

It seems to be a well-settled rule of law that a mortgagee in possession not only has the right, but it is his duty, to preserve and keep the property in repair. 19 R. C. L. 332, § 106; Miller v. Ward, 111 Me. 134, 88 A. 400, 49 B. R. A. (N. S.) 122, and note; Dozier v. Mitchell, 65 Ala. 511. And to this end he is entitled to include the reasonable expense incurred in the mortgage indebtedness upon an accounting. Zadek v. Burnett, 176 Ala. 80, 57 So. 447. True, this cost should primarily be collected upon a…