Dorr v. Dudderar

Citations

• 88 Ill. 107

Syllabus

<p>1. Mortgage—removal of building. A mortgagor, while he has the right to use the mortgaged premises, has none to commit waste, or to remove buildings therefrom, or to do any other act impairing the security, and the removal of a house from the premises may be enjoined in equity.</p> <p>2. Same—right of mortgagee to replevy home taken from mortgaged premises. Where a house has been severed from mortgaged premises without the consent of the mortgagee, he may maintain replevin at any time before it becomes attached to and forms a part of other realty, and if the building is afterwards severed from the realty before his mortgage is satisfied or discharged, he may regain it by the action of replevin.</p> <p>3. Same—mortgageds right to damage for waste. Where a mortgagor in possession procures the removal of a building from the premises, without the consent or knowledge of the mortgagee, it seems that the person removing the same with a knowledge of the existence of the mortgage, as well as the mortgagor, is legally responsible in damages to the mortgagee.</p> <p>4. Replevin—of house attached to realty. Where a house is wrongfully removed from mortgaged premises, it may be that replevin will not lie, in favor of the mortgagee, for it, after it has been permanently attached to other real estate, but not because the mortgagee has losj. his title, or his right to recover damage for its removal, but for the sole reason that replevin is not the proper remedy to recover real property.</p>