§ 34-20-4 - Conditional judgment in action by mortgagee.
SECTION 34-20-4
§ 34-20-4 Conditional judgment in actionby mortgagee. – In every action for possession of any real estate mortgaged, in which thedefendant by his or her answer shall aver a right of redemption in himself orherself or in the person under whom the defendant claims, which averment shallnot be denied by the plaintiff, or if denied shall be found true, the courtshall, by itself or by one or more judicious and disinterested personsappointed by it, ascertain the just sum due on such mortgage; and shallthereupon render a conditional judgment, that if the mortgagor, the mortgagor'sheirs, executors, administrators, or assigns, shall pay unto the plaintiff insuch action, or deposit in the clerk's office for him or her, the sum adjudgeddue within two (2) months from the time of entering up judgment, with interest,then the mortgage, or deed operating as such, shall be void and discharged;otherwise the plaintiff shall have a judgment for possession.