| Volume 194, Page 788 View pdf image (33K) |
|
788 4 & 5 W. & M. CAP. 16, CLANDESTINE MORTGAGES. Person or Persons, or for other valuable Consideration become indebted to such Person or Persons, and for securing the repay- ment and discharge thereof, shall mortgage his, her, or their Lands or Tenements, or any part thereof, to the said second or other Lender or Lenders of the said Money, Creditor or Credit- ors, or to any other Person or Persons in Trust for, or to the use of, such second or other Lender or Lenders, Creditor or Creditors, and shall not give Notice to the said Mortgagee or Mortgagees of the said Judgment or Judgments, Statute or Statutes, Recognizance or Recognizances, in writing under his, her, or their Hand or Hands, before the Execution of the said Mortgage or Mortgages, unless such Mortgager or Mortgagers, his, her, or their Heirs, upon Notice to him, her, or them, given by the Mortgagee or Mortgagees of the said Lands and Tene- ments, his, her, or their Heirs, Executors, Administrators, or Assigns, in writing under his, her, or their Hands and Seals, attested by Two or more sufficient Witnesses of any such former Judgment or Judgments, Statute or Statutes, Recognizance or Recognizances, shall within Six months pay off and discharge the said Judgment or Judgments, Statute or Statutes, Recog- nizance or Recognizances, and all Interest and Charges due thereupon, and cause or procure the same to be vacated or dis- charged by Record, that then the Mortgager or Mortgagers of the said Lands and Tenements, his, her, or their Heirs, Execu- tors, Administrators, or Assigns, shall have no benefit or Remedy against the said Mortgagee or Mortgagees, his, her, or their Heirs, Executors, Administrators, or Assigns, or any of them, in Equity or elsewhere, for Redemption of the said Lands and Tenements, or any part thereof; but the said Mortgagee or Mortgagees, his, her, or their Heirs, Executors, Administrators 579* and Assigns, shall and may hold and enjoy the said Lands and Tenements for such Estate and Term therein, as were or was granted and settled to the said Mortgagee or Mortgagees against the said Mortgager or Mortgagers, and all Person and Persons lawfully claiming from, by, or under him, her, or them, freed from Equity of Redemption, and as fully to all intents and purposes whatsoever, as if the same had been purchased abso- lutely and without any power or liberty of Redemption. III. And be it further enacted by the Authority aforesaid, That if any Person or Persons, -who have or hath once Mort- gaged, or from and after the said First day of May shall mort- |
||||
|
| ||||
|
| ||||
| Volume 194, Page 788 View pdf image (33K) |
|
Tell Us What You Think About the Maryland State Archives Website!
|
An Archives of Maryland electronic publication.
For information contact
mdlegal@mdarchives.state.md.us.