COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES (Chapters 211 through 262)
REMEDIES RELATING TO REAL PROPERTY
FORECLOSURE AND REDEMPTION OF MORTGAGES
Excess received by mortgagee; recovery
Section 36. If a mortgagee or person claiming or holding under him receives from rents and profits of the land, or upon a tender made to him, or in any other manner, more than is due on the mortgage, and no suit for redemption is brought against him, the mortgagor or other person entitled to such excess may recover it in a civil action.