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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 789   View pdf image (33K)
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4 & 5 W. & M. CAP. 16, CLANDESTINE MORTGAGES. 789
gage any Lands or Tenements to any Person or Persons, for
security of Money lent, or otherwise accrued or become due, or
for other valuable Considerations; and if the said Mortgager or
Mortgagers shall again mortgage the same Lands or Tenements,
or any part thereof, to any other Person or Persons for valuable
Considerations (the said former Mortgage being in Force and
not discharged) and shall not discover to the said second or
other Mortgagee or Mortgagees, or some or one of them, the
former Mortgage or Mortgages in Writing under his or their
Hands; that then and in those Cases also, the said Mortgager
or Mortgagers, his, her, or their Heirs, Executors, Adminis-
trators, or Assigns, shall have no Relief or Equity of Redemp-
tion against the said second or after Mortgagee or Mortgagees,
his, her, or their Heirs, Executors, Administrators, or Assigns,
upon the said after Mortgage or Mortgages, but that such Mort-
gagee or Mortgagees, his, her. or their Heirs, Executors, Admin-
istrators, and Assigns, shall and may hold and enjoy such more
than once mortgaged Lands, and Tenements, for such Estate
and Term therein, as were or was granted and conveyed by the
said Mortgager or Mortgagers, against him. her, or them, his,
her, or their Heirs, Executors, or Administrators, respectively,
freed from Equity of Redemption, and as fully to all intents and
purposes, as if the same had been an absolute Purchase, and
without any power or liberty of Redemption.
IV. Provided always, and be it further enacted by the Au-
thority aforesaid, That nevertheless if it so happen there be
more than one Mortgage at the same time made, by any Person
or Persons to any Person or Persons, of the same Lands and
Tenements, the several late or under Mortgagees, his, her, or
their Heirs, Executors, Administrators, or Assigns, shall have
power* to redeem any former Mortgage or Mortgages, 580
upon payment of the principal Debt, Interest, and Costs of
Suit, to the prior Mortgagee or Mortgagees, his, her, or their
Heirs, Executors, Administrators, or Assigns; anything therein
contained to the contrary thereof in any wise notwithstanding.
V. Provided always, That nothing in this Act contained
shall be construed, deemed, or extended to bar any Widow of
any Mortgager of Lands or Tenements from her Dower and
Right in or to the said Lands, who did not legally join with
her Husband in such Mortgage, or otherwise lawfully bar or
exclude her self from such her Dower or Right.

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 789   View pdf image (33K)
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