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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Volume 2, Page 308   View pdf image (33K)
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308 CITY OF BALTIMORE. [ART. 4.

upon forthwith decree that the mortgaged premises shall be sold
at any one of the periods limited in said conveyances for the
forfeiture of said mortgages, or limited for a default of the
mortgagors, and on such terms of sale as to the said court shall
seem proper; and shall appoint by said decree, a trustee or trus-
tees for making such sale, and shall require bond and security
for the performance of the trust, as is usual in cases of sales of
mortgaged premises.

783. The trustee or trustees so appointed, after giving bond
with security, may, after the arrival of the period limited by the
decree for a sale, sell, agreeably to the terms of said decree, the
mortgaged property, or any part thereof; the mortgagees, their
executors or administrators, or assigns, if the mortgaged claim
shall have been assigned before such sale, and after the arrival
of the period aforesaid, verifying by their oath before the judge
of said court, a statement of the amount of said mortgage claim
remaining due, and filing such statement in said court.

784. Such sales and the conveyances thereupon shall have
the same effect, if finally ratified by said court, as if the same
had been made under decrees between the proper parties in
relation to the mortgages, and in the usual course of said
court.

785. The trustee or trustees shall report the sales to the court
for its consideration and ratification, or rejection, and such
orders shall pass therein touching such ratification, as are usual
on sales of mortgaged property in said court.

786. Any allegations may be made, and proof under the
orders of the said court exhibited, and a trial of the allegations
had as the court shall prescribe, to show that the sales ought
'not to have been made.

787. The said court, upon being satisfied of the truth of said
allegations, shall reject and set aside the sale, and in such case
no part of the costs or expenses or trustee's commission, if any
such commission be claimable, in relation to the said sales, shall
be chargeable upon said property, or the mortgagors, their heirs,
executors, administrators, or assigns; but shall be wholly charge-
able against the persona at whose instance or for whose benefit
the said sales shall have been proposed to be made.

 

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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Volume 2, Page 308   View pdf image (33K)
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