Illinois Central Railroad v. Hawkins

Citations

• 65 Miss. 200

Syllabus

<p>Mortgage. After condition broken. Action by mortgagor for damages to property. Case in ,judgment.</p> <p>H. was in possession of a mule which he had previously mortgaged to M. The condition of the mortgage was broken, but there had been no sale thereunder. The mule was killed by a railroad company’s train, andtl. brought an action to recover damages therefor. On the trial the defendant offered to show that H. was only mortgagor in possession after condition broken, in order to limit the extent of the recovery. Held, that such evidence was inadmissible; that H. could recover to the full extent of the damage, by virtue of Sec. 1204, Code of 1880, which provides that a mortgagor in possession of mortgaged property after condition broken and before sale shall be deemed the owner of the legal title except as against the mortgagee, his assignee, or the trustee.</p>