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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 447   View pdf image (33K)
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ART. 64.] MORTGAGES. 447

mortgagee or his assignee, or his legal representatives, or for his
benefit or account.

14. All mortgage sales shall be made in the county or city
where the mortgaged premises are situated, and where the mort-
gaged premises described in any mortgage are situated in more
than one county, the sale may be made in either of the counties
in which the lands are situated.

15. No injunction shall be granted to stay any sale or any
proceedings after any sale of mortgaged premises under this
article, unless the party praying such injunction shall be also a
party to the deed of mortgage in virtue of which the property
sold or offered for sale shall have been mortgaged, or shall claim
under such party a right to interest in such mortgaged premises,
derived and accruing after the time of recording such mortgage,
nor unless such party shall on oath allege that the mortgage
debt and all interest 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 refuses to give 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 mortgage.

16. If any such injunction shall be granted, the court or judge
granting the same shall have power, on proof of ten days' notice
to the complainant, to hear and decide on a motion to dissolve
such injunction; and on hearing any such motion, if the court or
judge shall be satisfied that the same was obtained through mis-
representation and for delay, the court or judge shall decree that
the party who obtained the same shall pay interest to the mort-
gagee or to the party claiming under "him at the rate of ten per
cent, per annum on the amount of the mortgage debt from the
time of granting the injunction until the same shall be dissolved,
and shall enforce the execution of such decree as in other cases.

17. Before granting any such injunction, the court or judge
granting the same shall require the complainant, or some person
on his behalf, with at least two good securities, to be approved
by said judge or clerk, to execute to the mortgagee or person
claiming or acting under him, and file in court a bond in such
penalty as the court or judge shall prescribe, conditioned to obey,
abide by, perform and fulfil such decree and order as shall be

 

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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 447   View pdf image (33K)
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