1596

BALTIMORE CITY.

be affirmed,
may be
filed.

the sale thereof as aforesaid, file the reasons, if any exist, why
the said sale should not be affirmed, or their claim to the pro-
ceeds of such property, or a part thereof, the matters of fact
whereof may be controverted by the party selling such pro-
perty, or by any person interested therein, on affidavits before
such court; and said court shall have the same power in the
premises as they now have over sales made by trustees of their
own creation, or in the distribution of moneys in the hands of
such trustees.

Purchaser
may sue
forth writ of
possession.

SEC. 6. And be it enacted, That the purchaser of any estate
or interest in lands or tenements, by virtue of this act, on the
affirmance of the sale to him, shall be entitled to sue forth, out
of Baltimore county court, a writ of possession against the
mortgagor of such lands, his heirs, executors, administrators or
assigns, provided the same shall be in his or their possession,
directed to the sheriff of Baltimore county, commanding him to
put such purchaser into possession of such mortgaged property,
which shall be executed by such sheriff in the same manner as
other writs of possession.

Rights of
purchasers.

SEC. 7. And be it enacted, That all purchasers in virtue of
this act shall be entitled to the same rights and remedies against
the tenants of the mortgagor, as the said mortgagor might or
could have maintained, and that the said tenants shall have
the same rights and remedies against the said purchaser or pur-
chasers, as they would have had against the mortgagor or
mortgagors.

No injunc-
tion to stay
sale

SEC. 8. And be it enacted. That no injunction shall be
granted to stay any sale, or any proceedings after any sale,
authorized by this act, unless the party praying such injunction
shall be also a party to the deed of mortgage in virtue or pursu-
ance of which the property, interest or estate, sold or offered for
sale, shall have been mortgaged, or shall claim, under such
party a right, title, or interest, in or to such mortgaged premises
derived and accruing after the time of recording such mortgage
deed; nor unless such party shall, on oath or affirmation, allege,
that the mortgage debt, and all interest due thereon, has been
fuliy paid, or that some part of such debt or interest, the
amount of which he shall state, has been paid, and that the
mortgagee, or person acting under him or her, refuses to give or
atlow credit for such amount, or that some fraud which shall be
particularly stated in the bill or petition for injunction, was
used by such mortgagee, or with his knowledge, in obtaining
the deed of mortgage; and if any such injunction shall be
granted, the chancellor, or any judge, granting the same, or
any judge of Baltimore county court, shall have full power, on
proof of ten days notice to the complainant or complainants, to
bear and decide on a motion to dissolve such injunction, and to