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.
History. 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.