A conveyance of mortgaged land by the mortgagor to the mortgagee extinguishes the mortgage. Upon default, the mortgagee proceeds against lot X first, the mortgagor. In contrast the conventional borrower/buyer/mortgagor cannot because they have "security of tenure". To call a mortgagor an "unlawful occupier" was not only incongruous but also absurd. Today, a mortgagor refers to his interest in the property as his "equity". Did a covenant of the mortgagor bar the right of his widow "to free-bench"? Gailey transferred title to his mortgagor Australian Mutual Provident Society in July 1894.