The mortgagor may, as before stated, convey or devise the mortgaged land, it may be sold on execution, and it passes, on his death intestate, to his heirs or, if his estate is less than freehold, to his personal representatives. The grantee, devisee, heir, or personal representative, unless a purchaser for value without notice,93 takes the land subject to the mortgage, but he has the rights of the mortgagor. He may redeem from the mortgage,94 and may require the mortgage creditor, if in possession, to account for the rents and profits.95 He stands generally in the same position as regards the mortgage on the land as did his predecessor in interest, and he has no greater rights, since the rights of the mortgagee cannot be impaired by a transfer of the land.96 On the other hand, the rights vested in him, as against the mortgage creditor, by his acquisition of the land, cannot be subsequently modified without his consent by agreement between the mortgagor and the creditor.97

Silver Min. Co., 112 U. S. 238, 28 L Ed. 684.

93. Ante, Sec. 564, et seq.

94. Post, Sec. 645(a).

95. Strang v. Allen, 44 111. 428; Gaskell v. Viquesney, 122 Ind. 244, 17 Am. St. Rep. 364, 23 N. E. 791; Long v. Richards, 170 Mass. 120, 64 Am. St. Rep. 281, 48 N. E. 1083; Ruckman v. Astor, 9 Paige (N. Y.) 517; Clark v. Missouri, K. & T. Trust Co., 59 Neb. 53, 80 N. W. 257.

96. Warner v. Grayson, 200 U. S. 257, 50 L. Ed. 470; Miller v. Williams, 27 Colo. 34, 59 Pac. 740; Fetrow v. Merriwether, 53 111. 275; Bibbler v. Walker, 69 Ind. 362; Holtzclaw v. Craynor

Smith Lumber Co., - Ky. L. Rep. -, 114 S. W. 271; Stoddard v. Whiting, 46 N. Y. 627; Oakman v. Walker, 69 Vt. 344, 38 Atl. 63; Camden v. Alkire, 24 W. Va. 674.

As the mortgagor's possession is not adverse to the mortgagee, so his transferee's possession is not adverse. Wittington v. Flint, 43 Ark. 504, 51 Am. Rep. 572; Doyle v. Mellen, 15 R. I. 523, 8 Atl. 709; Smith v. Gillam, 80 Atl. 296; Alsup v. Stewart, 194 111. 595, 8S Am. St. Rep. 169, 62 N. E. 795.

97. First Nat. Bank v. Honey-man, 6 Dak. 275, 42 N. W. 771; Pool v. Horton, 45 Mich. 404. 8 N. W. 59; McGready v. McGrearly. 17 Mo. 597; Johnson v. Elliot, 26