389. Circumstances causing property to devolve as realty.

389.     Circumstances causing property to devolve as realty.

So long as the equity of redemption1 is not released or foreclosed or extinguished by lapse of time, the mortgagee's interest continues to be personal estate, notwithstanding that he may have entered into possession2, and will not pass under a general devise of real estate3 unless such an intention is shown4 or where there is no other estate or interest to which the description can refer5. If, in addition to his mortgage interest, the mortgagee has an estate in the property, a specific devise of the property will pass