424 CHANCERY. [ART. 16

Sales.

1904, art. 16, sec. 202. 1888, art. 16. sec. 187. 1860, art. 16 sec. 125.
1785, ch. 72, sec. 3. 1876, ch. 327.

217. When any suit is instituted to foreclose a mortgage, the court
may decree that, unless the debt and costs be paid by a day fixed by the
decree, the property mortgaged, or so much thereof as may be necessary
for the satisfaction of said debt and cost, shall be sold; and such sale
shall be for cash, unless the plaintiff shall consent to a sale on credit;
and if upon the sale, under such decree, of the whole mortgaged prop-
erty, the net proceeds thereof, after the costs allowed by the court are
satisfied, shall not suffice to satisfy the mortgage debt and accrued
interest, as this shall be found by the judgment of the court upon the
report of the auditor thereof, the court may, upon the motion of the
plaintiff, enter a decree in personam against the mortgagor, or other
party to the suit, who is liable for the payment thereof; provided, the
mortgagee would be entitled to maintain an action at law upon the
covenants contained in said mortgage for said residue of the said mort-
gage debt so remaining unsatisfied by the proceeds of such sale; which
decree shall have the same effect as a judgment at law, and may be
enforced only in like manner, by a writ of execution in the nature of a
writ of fieri facias, or otherwise.

Personal decrees.

Before the decree in personam is passed, an order nisi should issue so as to
give the defendant an opportunity to be heard. If the mortgage is not under
the seal of the mortgagor, no decree in personam, can be entered because no
action of covenant could be maintained. McDonald v. Workingmen's Bldg.
Assn., 60 Md. 590.

The portion of this section relative to a personal decree, was enacted to
avoid the delay and expense of a separate suit, and such remedy is cumu-
lative and does not affect the right of action on the covenants to pay the
mortgage debt. Commercial Bldg. Assn. v. Robinson, 90 Md. 632 (separate
opinion).

As to decrees in personam, see also. art. 66, sec. 24.

No application.

This section has no application to a sale of stock to pay debts due by the
stockholder to a bank. Reese v. Bank of Commerce, 14 Md. 284.

This section has no application to a bill by a creditor of a mortgagor seek-
ing a sale of his real estate. Purpose of this section. Gibson v. McCormick,
10 G. & J. 102.

This section does not affect the question of whether covenants run with
the land. Commercial Bldg. Assn. v. Robinson, 90 Md. 632 (separate opinion).

Generally.

Object of this section. It contemplates that no more of the mortgaged
premises should be sold than is practically unavoidable to pay the debt and
expenses. Thomas v. Pewster, 95 Md. 449; Johnson v. Hambleton, 52 Md.
386; Boteler v. Brookes. 7 G. & J. 143.

This section contemplates the division of the mortgaged property into
lots, if such division would produce more advantageous results. Johnson v.
Hambleton, 52 Md. 386.

While ordinarily a defendant is entitled to have a day given him to bring
the money into court, yet he may waive such privilege by his answer, or by
a stipulation in the mortgage that upon default, the mortgagee "may forth-
with foreclose," etc. Johnson v. Robertson, 31 Md. 487: Dorsey v. Dorsey,
30 Md. 528; David v. Grahame, 2 H. & G. 98.