If a receiver is not appointed, but the equitable incumbrancer obtains an order for sale, he is entitled to the rents at least from the date of the order1. It is not clearly settled whether the equitable mortgagee is entitled to rents from the date of the order for sale or from the date of the application on which the order for sale is made. In some cases the rents have been allowed from the date of the order for sale2, notwithstanding that the mortgagee did not establish his title until subsequently3. However, a mortgagee has been held entitled
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Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
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