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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 2532   View pdf image (33K)
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2532 INDEX TO THE [CHANCERY.

who shall receive it and give a receipt therefor, as money paid into
court.

SEC. 9. And be it enacted, That if the said money be paid into
court as aforesaid, it shall be distributed by the court as if the sale
had been made under their decree, upon the application in writing
of any person interested, with proof of ten days notice of such appli-
cation, to the person or persons interested in any such judgment or
mortgage, or their attorney or his or their agent, or by advertise-
ment in at least two newspapers in the city of Baltimore, twice a
week for six weeks.

SEC. 10. And be it enacted, That an affidavit of the fact of any
such sale pursuant to such notice may be made by the person who
officiates as auctioneer at such sale, stating the time and place at
which the same took place, the sum bid, and the name of the pur-
chaser, and shall be annexed to a printed copy of the notice of sale.

SEC. 11. And be it enacted, That an affidavit of the publication
of such notice of sale and of any notice of postponement may be
made by the printer of the newspaper, in which the same was in-
serted, or by his foreman or principal clerk.

SEC. 12. And be it enacted, That the affidavits in the two last
sections mentioned, may be tiled in the office of the clerk of Balti-
more county court, and when filed shall be recorded by him at
length in a book kept for the record of mortgages, and such original
affidavits, the record thereof and certified copies of such records,
shall be presumptive evidence of the facts therein contained.

SEC. 13. And be it enacted, That a note referring to the page
and book where the evidence of any sale having been made under a
mortgage is recorded, shall be made by the clerk recording such
evidence, in the margin of the record of such mortgage.

SEC. 14. And be it enacted, That when the mortgaged premises
or any part of them shall have been purchased at such sale by the
mortgagee, his legal representatives, or his or their assigns as herein
before provided, the affidavits of publication and of the circumstan-
ces of such sale, shall be evidence of the sale and of the foreclosure
of the equity of redemption, as herein specified, without any con-
veyance being executed, in the same manner and with the like
effect, as a conveyance executed by the mortgagee upon such sale
to a third person.

SEC. 15. And be it enacted, That any such mortgage may be as-
signed by endorsement in blank upon the original mortgage, and an
assignment of the mortgage shall always operate as an assignment
of the power to sell, where such power shall have been given
to the mortgagee, but such assignment shall have no effect against
third persons without notice until a certificate signed by the as-
signor and assignee, stating the assignment and the consideration
thereof, shall be filed in the office of the clerk of Baltimore

 

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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 2532   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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