357. Leases granted by mortgagor ultra vires.

357.     Leases granted by mortgagor ultra vires.

A tenant under a lease granted ultra vires is, until eviction, actual or constructive, by paramount title estopped1 from denying the mortgagor's title, and therefore is bound to pay the rent to the mortgagor; but payment of the rent to a mortgagee who demands it, and threatens eviction in case of refusal, is a good payment against the mortgagor or his assignee both in respect of rent accruing due after the demand, and of rent which accrued due before the demand but was then unpaid2. To constitute an eviction,