COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES (Chapters 211 through 262)
REMEDIES RELATING TO REAL PROPERTY
FORECLOSURE AND REDEMPTION OF MORTGAGES
Declaration by mortgagees; conditional judgment
Section 3. The mortgagee in an action for possession may declare on his own seisin, stating that it is in mortgage; and if the court finds upon verdict or otherwise that the plaintiff is entitled to possession of the land for breach of condition, it shall upon motion of either party, except as provided in the following section, award a conditional judgment.