Ashburner's Concise Treatise On Mortgages, Pledges And Liens

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Doe d. Roylance v.
Lightfoot, 8 M. & W. 553 ; Rogers v. Grazebrooh, 8 Q. B. 895 ; Green v. Burns, 6 L. I{. Ir. 173.
Wheeler v. Moniefiore (2 Q. B. 133), which appears to be contra, is explained in Boe d. Parsley v. Bay, 2 Q. B. 147.
He may maintain ejectment against the mortgagor without any previous notice or demand of possession. Keeeh v. Hall, 1 Doug. 21 ; Jolly v. Arbuthnot, 4 De G. & Jo. 224, 236 ; Lows V. Telford, 1 App. Ca. 414; Gihhs v. Gruikshanh, L. E. 8 C.
P. 454.
It has been held in
... an Irish case, Antrim County Land Go. Equitable '' mortgagee.
V. Stewart, [1904] 2 I. E. 357, that since the Judicature Act, 1873, it is no answer to a claim by an equitable mortgagee to recover possession to say that the legal estate is outstanding.
This case is based on a dictum of Jessel, M.E., in General Finance Go. v. Liberator Building Society, 10 Ch. D. 15, 24, that no action for the recovery of land can now be defeated for the want of the legal estate where the plaintiff has the title to the possession; and the case of Allen v.


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