§ 33-9-12 - Possession and sale of property taken through mortgage.

SECTION 33-9-12

   § 33-9-12  Possession and sale of propertytaken through mortgage. – Upon recovery or surrender of possession of real estate mortgaged as providedin § 33-9-11, the executor or administrator shall be seised and possessedof the mortgaged estate, subject to liability to sale if necessary for thepayment of debts, legacies or charges, of administration, in the mannerprovided by law for the sale of real estate by executors and administrators.The surplus proceeds of the sale, after payment of incidental expenses, debts,legacies, and expenses of administration, shall be held and distributed aspersonal property.