CLARK VS. ABBOTT. 475

A mortgagee having given notice to the tenants holding the mortgaged prem-
ises, under leases granted by the mortgagor, either before, or after the date
of the mortgage, is entitled to receive from the tenants, the rents in arrearat
the time of the notice, as well as those which accrue afterwards.
¹ Trustees, acting under decrees to sell, have been permitted, when sales of the
property could not Ie readily or advantageously made, torentit, and account
for the rents to the parties entitled to the proceeds, and the court will give
like authority to collect and account for rents due, when the sales are
effected.

[The facts of this case will appear from the Chancellor's opin-
ion.]

THE CHANCELLOR :

This cause is brought before the court upon the order of the
17th of September last, passed upon the petition of the com-
plainants, praying that the trustee appointed to sell the mort-
gaged property may be authorized to collect and receive cer-
tain rents and interest which had accrued thereon prior to the
sale.

And, in addition to the answer of the defendant, Mrs. Abbott,
in opposition to the prayer of the petition, objections are in-
terposed by her to the ratification of the sale made by the
trustee.

The decree which was passed on the 8th of July, 1848, au-
thorized the trustee to sell so much of the mortgaged property
as would be necessary to pay the amount then due; and the
first and second objections to the ratification of the sale, charge,
that he transcended his power in this respect, by selling to an
amount far exceeding the installments due at the period of the
decree. Soon after the passage of the decree, to wit, on the
22d of February, 1849, a bill was filed in this court by Mrs.
Cronise, who was a party to the mortgage, praying for the rea-
sons therein stated, that the execution of the decree might be
stayed by injunction, which was ordered and continued in
force, until the 23d of July last, when it was so far dissolved
as to authorize the trustee to sell the interest of Mrs. Abbott
and Cronise, the husband of the complainant in that case, but
continued in force with regard to the reversionary interest of
the complainant.