RIGHTS AFTER FORECLOSURE 247 



lien upon the trees had been released. l If timber is cut 

 and removed by a mortgagor, or one acting under an order 

 or license from him, with a fraudulent purpose, either before 

 or after the commencement of foreclosure proceedings, its 

 value may be recovered by an action on the case in the na- 

 ture of waste or trover for satisfaction of the mortgage. 2 

 Upon the acquisition of title under a foreclosure sale a pur- 

 chaser may obtain an in unction to prevent waste in the cut- 

 ting of timber by the mortgagor or his vendee, or he may 

 bring an action on the case, 3 but timber cut before the fore- 

 closure sale does not pass to the purchaser at such sale. 4 



1. Batterman v. Albright, 122 N. Y. 484, 25 N. E. 856, 19 Am. St. Rep. 510, 11 L. 



R. A. 800; Hamilton v. Austin, 30 Hun. (X. Y.) 138; Barber v. Wadsworth, 

 115 X. C. 29, 20 S. E. 178; Beaufort County Lbr. Co. v. Bail, 111 N. C. 120, 

 15 S. E. 941. 



2. Higgins v. Chamberlin, 32 X. .1. Eq. 566; Hagar v. Brainerd, 44 Vt. 294; Langdon 



v. Paul, 22 Vt. 205; Lull v. Matthews, 19 Vt, 322. 



3. Stout v. Keyes, 2 Dougl. (Mich. 1845) 184, 43 Am. Dec. 465; Van Derveer v 



Tallman, et al., 1 N. J. Eq. 9 (1830). 



4. Bcrthold v. Holman, 12 Minn. 335, 93 Am. Dec. 233. 



