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Clement Dorsey. The general public statutory law and public local law of the state of Maryland, 1692-1839
Volume 141, Page 1595   View pdf image (33K)
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MORTGAGES.

1595

and giving at least twenty days notice in two or more of the
daily newspapers published in said city, of the time, place, man-
ner and terms of sale, to sell such mortgaged premises at public
auction to the highest bidder, as fully and freely, in every re-
spect, as any trustee acting under a decree of any court may do.

 

SEC. 2. And be it enacted, That before any person shall be
entitled to act in virtue of the authority Vested by the preceding
section, he or she shall give bond to the state of Maryland, in
such penalty, and with such security, as shall be approved by a
judge of Baltimore county court, or the clerk thereof, to abide
by and fulfil any order or decree which shall be made by Balti-
more county court in relation to the sale of such mortgaged
property, or the proceeds thereof, and such bond shall be und
remain as an indemnity to, and for the security of, all persons
interested in such mortgaged property, or the proceeds thereof,
and be subject to be sued as other bonds taken in the name of
the state are, and also subject to the same disabilities and limi-
tation as such other bonds.

Bond to be
given.

SEC. 3. And be it enacted, That every person making sale of
mortgaged property under the authority of this act, shall make
a report, under oath, or affirmation, of the mode of their pro-
ceeding, and of all matters done in pursuance of such authority,
and of the fairness of the sale, within fifteen days after such
sale, to Baltimore county court, and file such report among the
records of said court within said time.

Report
under oath
to be made.

SEC. 4. And be it enacted, That upon a copy of such report
being published in at least two of the daily newspapers printed
in the city of Baltimore, once a week for three successive weeks,
and proof thereof being certified by the publishers of such
newspapers to the said court, or to any judge thereof, the sale of
such mortgaged estate or interest may be affirmed by said court
or judge, and the party selling the same, on the terms of sale
being complied with, shall execute a deed therefor according to
law, to the purchaser or purchasers, his, her or their heirs or
assigns, and such deed shall entitle the said purchaser or pur-
chasers, or his, her or their heirs, executors, administrators, or
assigns, as the case may be, to hold, possess and enjoy, such
mortgaged estate or interest, so sold and conveyed, freed, clear,
and forever discharged from all claims of the several parties to
the deed of mortgage in virtue of which the same shall have
been mortgaged and sold, who at the time of executing such
deed of mortgage, were or shall be competent to execute such
deed, and of all persons claiming by, from, under, or in trust
for them, or any of them, any right, title, estate or interest, in
such mortgaged premises, derived or accruitig after the lime of
recording such deed of mortgage.

Sale may be
affirmed.

SEC. 5. And be it enacted, That all persons interested in such
mortgaged property, may, at any time within twenty days after

Reasons
why sale
should not

 

 

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Clement Dorsey. The general public statutory law and public local law of the state of Maryland, 1692-1839
Volume 141, Page 1595   View pdf image (33K)
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