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  • 13 A mortgagor entitled to the possession or receipt of the rents and profits of land, as to which a notice of the mortgagee’s intention to take possession or to enter into the receipt of those rents and profits has not been given by the mortgagee, may sue for possession or for the recovery of the rents or profits, or to prevent or recover damages in respect of a trespass or other wrong relative to the land, in the mortgagor’s own name only, unless the cause of action arises on a lease or other contract made by the mortgagor jointly with another person.

1979-224-14.