769 MORTGAGES. [ART. 66

ARTICLE LXVI

MORTGAGES.

30-30A. Assignments of mortgage de- fectively sealed and mortgages

and assignments defectively sworn to, cured; provisos.

6.

Where a sale is made by a party in distinct reference to a power expressly
and lawfully conferred upon him by the mortgage, the sale is valid, although,
the capacity in which the party acted was not correctly stated. Barroll v.
Benton, 121 Md. 177.

To the first note to this section under the heading "Generally" on page
1521 of volume 2 of the Annotated Code, add the case of Barroll v. Benton,
121 Md. 177.

To the second note to this section on page 1522 of volume 2 of the Anno-
tated Code, add the case of Barroll v. Benton, 121 Md. 176.

16.

A purchaser who has a valid contract for the sale of property by reason
of the exercise of an option, may secure an injunction under this section,
and is entitled to redeem the property when it is being sold under fore-
closure of mortgage procedings. Tender held sufficient to entitle plaintiff
to injunction. Parties. Wingert v. Brewer, 116 Md. 518.

Unless these sections are complied with, no injunction to restrain a
mortgage sale will ordinarily be granted. Requisites of bill; bill held;
insufficient. Fowler v. Pendleton, 121 Md. 300.

18.

There is no statute in this state authorizing equity to determine the dam-
ages sustained by a defendant by reason of the issue of an injunction:
against him unless such power is conferred by this section or by article
16, section 81; even if it were assumed that equity had such authority, it
has never been the practice to exercise it. This section refers only to
sales and proceedings under a power of sale contained in the mortgages
referred to in this article, and has no application to injunctions to restrain
proceedings to foreclose other mortgages; case disposed of without refer-
ence to this section. American Bonding Co. v. State, 120 Md. 316.

Where before sale under foreclosure proceedings it is observed that the-
bond required by this section as a prerequisite to an injunction has not
been filed, the injunction should be dissolved and a new injunction issued
upon the filing of the bond. Effect of nunc pro tune order upon filing of
bond. If the bond is not filed, the ratification of the sale may be excepted'
to by the party authorized to redeem the mortgage and who made a
tender. Wingert v. Brewer, 116 Md. 521.

25.

Under this section, the title of a bona fide assignee of the person holding
the record title to a mortgage, is not affected by prior unrecorded assign-
ments and the mortgage debt is presumed to belong to the assignee.
Assignee held to be not chargeable under the circumstances with notice of
a prior assignment. Morrow v. Stanley, 119 Md. 597.