ART. 21] RELEASE OF MORTGAGE. 505

1904. art. 21. sec. 34. 1S8S. art. 21, sec. 34. 1810, art. 24. sec. 33.
1856, ch. 154, sec. 118.

36. A release of a mortgage may be made in the following form,
or to the like effect:

"I hereby release, the above (or within) mortgage.
"Witness my hand and seal this—————day of—————.

[SEAT,.]"
A partial release in the form specified in this section will not pass the legal

title, although the same may have the effect of an agreement to release, or of

a defective release. Lowe v. The Convention, etc., 83 Md. 413.
Where a mortgage has been satisfied, equity will compel the mortgagee or

his assigns, to release the mortgage of record as prescribed in this and the

following sections. Brown v. Stewart, 56 Md. 432.

Cited but not construed in Morrill v. Gelston, 34 Md. 421

Ibid. sec. 35. 1888, art. 21, sec. 35. 1860, art. 24, sec. 34. 1856. ch. 154, sec. 119.

37. Such release may be written by the mortgagee, or his assignee,
upon the record in the office where the mortgage is recorded, and
attested by the clerk of the court; and the clerk, at the time of record-
ing every mortgage, shall leave a blank space at the foot thereof for the
purpose of entering such release.

Cited but not construed In Lowe v. The Convention, etc., 83 Md. 414; Mor-
rill v. Gelston, 34 Md. 421.
See notes to sec. 36.

Ibid. sec. 36. 1888, art. 21, sec. 36. 1860, art. 24. sec. 35. 1856, ch. 154. sec. 120.

38. Or, such a release may be endorsed on the original mortgage by
the mortgagee or his assignee; and upon such mortgage, with the release
thereon endorsed, being filed in the office in which the mortgage is
recorded, the clerk shall record such release at the foot of the mortgage.
Cited but not construed in Lowe v. The Convention, etc.. 83 Md. 414; Morrill
v. Gelston, 34 Md. 421.
See notes to sec. 36.

Ibid. sec. 37. 1888. art. 21. sec. 37. 1860, art. 24, sec. 36. 1S56. ch. 154, sec. 121.

1900, ch. 542.

39. When the mortgage, with the release thereon, is filed for the
purpose of recording the release, the clerk shall retain such mortgage
in his office and not permit the same to be again withdrawn; provided,
however, that if the release is partial in its character, after the record-
ing of the same, the clerk may permit the mortgage to be withdrawn.

Ibid. sec. 38. 1888, art. 21, sec. 38. 1860, art. 24, sec. 37.
1856. ch. 154, sec. 122.

40. Every release executed in either of the above modes shall be
construed and deemed sufficient to release said mortgage, as fully and
effectually as any instrument of writing whatever could do.

Ibid. sec. 39. 1888, art 21, sec. 39. 1860. art. 24, sec. 38. 1833 ch. 181

1839. ch. 26.

41. A release or assignment may be made by an executor or assignee
in the same manner and form and with like effect as bv the mortgagee;