341. Mortgagor's right to possession until demand made.

When a legal mortgage1 is executed, the mortgagee has, or is in the same position as if he had, the mortgaged property in possession; and in the absence of express stipulation to the contrary he is entitled to immediate possession or receipt of the rents and profits2. However, until the mortgagee demands possession3, or enters into receipt of the rents and profits of the mortgaged property, it is in accordance with the nature of the transaction that the mortgagor should remain in possession as owner of the legal estate4, and that possession is rightful5. Where a mortgagor6 is for