In Brief
The appellant mortgagee sought to claim ownership of mortgaged property by prescription after 30 years and requested a permanent injunction. While the trial court agreed, the higher courts held that the mortgagee could not claim ownership—only the status of mortgagee with the right to injunction. The Supreme Court dismissed the appeal, affirming that a usufructuary mortgagee cannot become owner merely by the passage of time. The mortgagor's equity of redemption survives, and the mortgagee's rights remain confined to those granted under the mortgage deed. The mortgagee retains the injunction but not ownership rights.
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