If a mortgage on realty or personalty is not foreclosed and the equity of redemption is levied on by other writs of fieri facias by consent of the mortgagor and mortgagee and the plaintiff in the fi. fa. levied, the entire estate may be sold and the mortgagee may claim under his lien in the same manner as if his mortgage were foreclosed.
(Orig. Code 1863, § 3878; Code 1868, § 3898; Code 1873, § 3974; Code 1882, § 3974; Civil Code 1895, § 2759; Civil Code 1910, § 3292; Code 1933, § 67-121.)
RESEARCH REFERENCES
ALR.
- Chattel annexed to realty as subject to prior mortgage, 41 A.L.R. 601; 88 A.L.R. 1114; 99 A.L.R. 144.
Validity of chattel mortgage where mortgagor is given right to sell, 73 A.L.R. 236.
Sale in inverse order of alienation, 131 A.L.R. 4