Subject to the lien of the mortgage, mortgaged property may be sold under other process. If the mortgage is foreclosed, the mortgagee may place his execution in the hands of the officer making the sale, may cause the unencumbered title to be sold, and may claim the proceeds according to the date of his lien.
(Orig. Code 1863, § 1969; Code 1868, § 1957; Code 1873, § 1967; Code 1882, § 1967; Civil Code 1895, § 2741; Civil Code 1910, § 3274; Code 1933, § 67-118.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 55 Am. Jur. 2d, Mortgages, § 778.
C.J.S.- 59 C.J.S., Mortgages, § 457.
ALR.
- Right of chattel mortgagee in respect of proceeds of sale of mortgaged property by mortgagor, 36 A.L.R. 1379.
Liability of grantee assuming mortgage debt, to grantor, 76 A.L.R. 1191; 97 A.L.R. 1076.
Chattel mortgagee's consent to sale of mortgaged property as waiver of lien, 97 A.L.R. 646.
Personal liability to mortgagor, as distinguished from mortgagee, of vendee of mortgaged premises who does not in terms assume or agree to pay mortgage, 111 A.L.R. 1114.
Sale in inverse order of alienation, 131 A.L.R. 4
Right of true owner to recover proceeds of sale or lease of real property made by another in the belief that he was the owner of the property, 133 A.L.R. 1443.
Right to attack voidable sale under power in mortgage, as personal to mortgagor (or owner of equity of redemption), or as exercisable by his heir, grantee, creditor, or other person claiming under or through him, 143 A.L.R. 528.
Extent of exemption of proceeds of voluntary sale of homestead as affected by lien or encumbrance, 161 A.L.R. 1256.