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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 2527   View pdf image (33K)
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CHANCERY.] PUBLIC GENERAL LAW. 2527

terested 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.

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 affirm-
ance of the sale to him, shall be entitled to sue forth, out of Balti-
more 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.

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 purchasers, as
they would have had against the mortgagor or mortgagors.

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 pursuance 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 inte-
rest due thereon, has been fully 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 allow 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 Balti-
more county court, shall have full power, on proof of ten days no-
tice to the complainant or complainants, to hear and decide on a
motion to dissolve such injunction, and to order the bill, or any
other papers upon which such injunction shall be granted, where-
soever the same may be filed, to be produced before him for that
purpose, any thing in any law or rule of court to the contrary not-
withstanding ; and on hearing any motion to dissolve an injunction
so granted, if the chancellor or judge shall be satisfied, that the
same was obtained through misrepresentation, and for delay, he
shall decree that the party, who so obtained the same, shall pay

 

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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 2527   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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