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In all cases the right to emblements shall be as at common law; provided, however, that in any sale of land under a deed of trust or mortgage, such sale shall be made subject to the right and interest of a tenant in any crop planted by him under a bona fide contract of lease for not exceeding one year, entered into by him with the mortgagor after the execution of such deed of trust or mortgage, but during such time as the mortgagor shall be allowed to remain in possession of the mortgaged premises and before the premises shall have been advertised for sale under such deed of trust, or under a decree in a suit brought for the foreclosure of such deed of trust or mortgage. Code 1919, § 5540; 1928, p. 1146; 1938, p. 762.
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