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Mortgagability Of Rents, Profits, Appointment Of Receivers, J. C. Pearl
Mortgagability Of Rents, Profits, Appointment Of Receivers, J. C. Pearl
Washington Law Review
The prevailing view, and the one which has always been adopted in Washington, is that a mortgage upon realty creates merely a lien thereon and does not pass title thereto, either before or after condition broken, Hyde v. Heller; Dane v. Dansel; Fischer v. Woodruff; this view being codified by an act of the territorial legislature of 1869 providing that "A mortgage of real property shall not be deemed a conveyance so as to enable the owner of the mortgage to recover possession of the real property, without a foreclosure and sale according to law."