416. Mortgagee substituted for mortgagor in the control of the estate.

If a mortgagee merely receives from the mortgagor's agent a sum equal to the rents which the agent has collected, while the agent has not served on the tenants any notice on the mortgagee's behalf, this is not enough to render the mortgagee chargeable as a mortgagee in possession1. In order to burden himself with the liability of a mortgagee in possession, the mortgagee must act in such a manner as to substitute himself for the mortgagor in the control and management of the estate