Buckley v. Daley

Citations

• 45 Miss. 338

Syllabus

<p>1. Mortgages—interest oe mortgagee not subject to execution.— The interest of a mortgagee in the mortgaged premises, after breach of the condition, is not subject to levy and sale under an attachment; and the purchaser of such an interest at an execution sale acquires no title to, or interest in, the mortgaged property.</p> <p>2. Same — bights oe the mortgagee. — Although the mortgagee has a chattel interest only, yet, in order to render his pledge available, and give him the intended benefit of his security, it is considered as real property to enable him to maintain ejectment for the recovery of the land mortgaged. When contemplated in every other point of view, it is personal property. •</p>